My friend is booked under 40a as he was standing and talking with a other friend at around 1 in the night .Two policemen come there and asked what are they doing ,my friend said they are just talking. policeman said u r drinking alcohol here while they were not drinking alcohol. my friend dial 100 and said that 2 policeman are harrasing them.after that they got aggressive and took them to police station and booked them under 40a ,done breath analyser test which found positive and asked to come in court whenever asked. my friend was drunk ,he drank somewhere(at govt approved place) else but did not drink on any public place or where policemen took him. my friend said there was a broken bottle where he and his friend was sitting but he doesn't know if that was beer bottle as policeman were claiming to be my friend's and took picture of bottle. Now please help me with following questions:- 1.if he agree silently that i was drinking,what would be the fine or punishment? 2.Can he prove that he was not drinking?as actually he was not drinking else he would not have dial 100
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Lawyers are available now to answer your questions.
1. Under Excise Act, consuming alcohol at public places attracts a fine of Rs 5,000 and if the offender creates nuisance than the fine will be upto Rs 10,000 with a jail term of three months.
2. The state (police) has to prove their case. The onus of proof is on them.
in event your friend pleads guilty fine payable is only up to Rs 5000
2) your friend can plead not guilty and contest the proceedings if he so desires
Your has been completely is under the net so take positive steps such as, as and when summon come engage a lawyer and defend yourself before the court. The offence which they have charged you has not been committed by you so it will be very easy for you to defend, they should charge under Sec.268 IPC.
Mostly he will be fined and released.
Yes he can prove in the trial that he was not drinking and file the harassment charges against the policemen themselves. He can also book FIR against the policemen itself
1. Fine may extent upto Rs. 5000.
2. Yes. He can take the plea of alibi and may procure the CCTV footage of the place where he was drinking and the same may corroborate with the alcohol level in the body.
Regards
1. See it was first incident of such kind he can admit and the court may impose fine only and leave him. Also court may order imprisonment for some time, for same the attitude of court have to be seen local lawyer can guide you on same.
2. He can contest the matter he can plead not guilty and can face the trial.
If any person is found drinking at the public place then this offence is punishable for 6 month prisonment or or rupees 3000 as fine are both is methyl maybe contested but if breath analyser report is positive in this case and he has been caught by the police at around 1 o'clock in the night so this is really difficult to prove that he is innocent however he will get the bail in this regard
Dear sir,
To prove innocence there can two ways to this,
First, Don't accept any charge he is imposing on you as 40 A notice is just for appearance before the police officer for investigation. consequently, you can settle the matter with him in the police station only.
Second, take an advocate with you who can deal with the situation in a better manner. Policeman cant force you for anything illogical seeing that you are not aware of the law. so having the assistance of an advocate is highly recommended.
Hopes that solves your query.
You can contact me for consultation, if any.
Regards,
YUGANSHU SHARMA
ADVOCATE
DELHI HIGH COURT
Fine up to 5k. But don't agree, mere find you drunk will not prove anything, they have to show confiscated bottle, glass or pics of it which is not available, secondly you can prove where were you drinking.
Rojnaamcha must have recorded , get copy of it and of complain and proceeding.
Your friend has two options,
he can admit the charges and pay the find, get rid of this problem, alternately,
he can challenge the case in court of law, because he was not caught drinking in public place, and the bottle was ;lying ther may not be his bottle, so with the help of a skilled lawyer he can challenge the charges and can get acquitted in the case if fought properly.
This is a serious criminal matter . Your frnd will most likely be required to take bail on the date of hearing ,if charges have been filed by the police. The fine for the section stated by you is upto Rs 10,000 and likelihood of imprisonment upto 3 months. Defense will be prepared appropriately.
If he confess the offence stated by policemen against him in court then file would be 1000 rs.
How can he prove that he was not drinking at that spot when breath test was positive when tested.
The best option here is to confess in the court and Pray court to levy minimum punishment under that offence.
