• Petty case for public smoking Hyderabad

I had recently been filed a case because of smoking in public near GVK in Hyderabad. A cop car was already stationed there and as I started smoking, one of them comes and asks me to come aside. They didn't even tell me why and it was a surprise because it was the first time it was happening as people smoke in alleys etc all the time. But I was unaware that the hyderabad police had started this initiative to curb public smoking. They start taking down my details on their e-petty app and give me a phone number to contact and ask me to directly pay the fine in court. They kept my adhaar card with them. I called the number given and (the cop I think) said he will call me back again (maybe approx in an hour). I didn't get any call back and I called back again and it said busy. 

Anyway my important query is, how much fine should I pay and at which court in Hyderabad for a case like this? 
I did some research and found out that we must ask for challans, the police didn't give me any challan for this case, just the phone number to contact. Do i need one to pay the fine? 
What would be the necessary action to take in this case and will any of this affect my job/professional life? 

Any additional help would be appreciated as well. 
Thank you
Asked 5 years ago in Criminal Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

24 Answers

Hello, 

The challan is to be deposited under the provision of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. 

You will have to approach the court under whose jurisdiction you have been caught. 

You will have to get in touch with the concerned police station who has given the challan to you. 

this will not effect your job and other prospect. 

 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You must contact on that number. Otherwise as said above go to the concerned court of the place where you were caught. Also, wait for sometime you might get a challan through post at your place. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

It would not affect your professional life 

 

2) better pay the nominal fine for smoking on public in court 

 

 

3) you have nothing to fear 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

 

call the phone number ask for challan 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

Based on e challan you have to pay 200 rupees in the court to get back your Aadhar card

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Call him and pay the challan. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hyderabad police are imposing fine of around 500 to 1000 based on the place and public. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes you should have asked.  Now you can approach the court and check the same 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Hi,

You are suggested to give calls to the given numbers and keep noting time and date of such calls. After doing this for 2-3 days, you are suggested to be cool and keep silent provided no response was recieved by you in the telephone calls. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Go at 7 am for the meeting 

 

hear him out and then decide your course of action 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

petty cases are taken up in morning court 

Ajay Sethi
Advocate, Mumbai
94718 Answers
7530 Consultations

5.0 on 5.0

HI,

From your present inputs, some more things are clear and you are suggested to keep records of all those conversation. Once more via whatsapp or sms ask the details as to court name, location and judge name etc. If revealed by them, please go there and get rid of the problem. If not responded by them, keep cool and relaxed because it is their duty to disclose everything. You would be considered to have needful to get rid of the problem. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You can pay fine and leave its a petty offense

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Dear client 

In summer some states have court timing of 7 AM to 3 PM and this is just a small case nothing more you just have to go to court pay the fine and collect the Adhaar card. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Without the challan you may not come to know the quantum of fine to be paid for this petty offence, hence you may insist on this to the police whose phone number is available with you.

This is a petty case hence it will be closed after you pay the fine before the court.

The details of court and fine amount may be enquired from the concerned police.

 

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

You may contact the given number continuously even if they dont pick the call and get the details from the police.

 

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

These are all petty things about which you should not be worried to this extent.

You can get the things set right out of your prudence, well you may visit the police station and collect the details at the time given to you.

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

You did not clarify all your doubts with the cop whereas you are asking clarification  here on piece meals basis without knowing that the advocates here are not aware of the conversations that took place between you both.

 

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

As there is no challan, the cop is just expecting a bribe to give you your aadhaar back.

You can record your meeting with him and the the same can be forwarded to the vigilance department if he asks you for a bribe.

In my opinion, going to court without challan is not going to be of any use. 

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You should not worry at all as it is a very petty offence for which will be made to pay a very small fine, if there is any challan and it would not affect your future employment opportunities at all.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

You should go for the meeting at 7:00 am to the court. Though, it's quite apparent, he will ask you for money as courts don't open at 7 a.m. in the morning.

You have an option of recording the same if you want to take action against him.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

FYI, fine for public smoking is not more than 500 rupees so I have to keep that in mind. Also, there is no jail time or anything. Meet the cop in a confident manner.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have been put in a situation where you are only getting harassed by he police for no reason.
  2. No court opens up so early in the morning, in fact I have a doubt that they might misuse your adhar card details.
  3. You should immediately file a police complaint in the nearest police station about the misconduct of the police official (if they were not genuine).
  4. In fact, it is only challan which can tell you as to which court number you have to reach to pay the fine.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Court do open so early in some cities during summer 

You may inquire the same with a local lawyer 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer