Viki Viki 31 October 2020
BASKI Manickam 31 October 2020
Suri.Sravan Kumar (senior) 31 October 2020
after conducting inquiry the police will file charge sheet U/S 338 IPC and other sections of law. Sec 307 depends upon the test to prove drunk and drive. You need not worry police will mention every thing in charge sheet.
Advocate Bhartesh goyal (advocate) 31 October 2020
No case u/s 307 I.P.C is made out .Police has to register case u/sec 279 read sec 338 IPC .
Pradipta Nath (Advocate) 31 October 2020
Your stand of argument is strong to its own cause but has no weightage in the lower forum, because these sort of arguments are rarely valued over there. In case you are not happy to be sections levelled you can go for appeal and have your point of interpretation.
Sourav Pal 03 November 2020
Viki Viki 11 November 2020
Thanks alot and Sorry for delay to replay .
Our concern was that Person who did crime was influential because of which on Day of crime police reported him to taluk GH where Drunken certifcate was given but Person didnt allowed dr to take sample .
GH Dr menthioned that Person under influance alcohol under conclusion of " Fruity smell " and he also documented that " Person not willing or allowing to take blood sample "
Will evidence of Drunken certificate alone can withstand in court ?