Police have no case against you. All the forms and on which you have signed are not admissible against you, as confession made to police officer is not admissible in Court and under Article 21 of the Constitution of India you cannot be forced to be a witness against you. In drunken driving offence it is the Court that grants bail to the accused not the police. You have good case to win against police. Let the police issue you summons, attend the Court and fight the case. you will win. A photograph without medical proves nothing.
I was caught drinking in a standby car in my colony
I was speaking on phone while being caught. Was not drinking at that time but the cops took pictures of the half filled glass in the car. They took me to a hospital for a med test but no BAC or blood test was taken ,instead they took a confession from me on some hospital form in which i obviously said yes as i was scared and the hospital's medical staff stamped that form. The Police also took photo copies of my aadhar card, Rc & driving licence and made me sign them as well. They also took my signatures on some random forms which i wasn't able to see. The police officer first asked me to pay the fine of 5000 there to avoid the court hearing but i told him to go in a legal way and said that i will pay the fine directly in the court. The cop said that he will inform me the date of the court hearing. I got a call from the concerned police officer today , i told him that i had come outside to get some medicines and i had stopped and parked the car to attend a call. I wasn't drinking at that time and the glass and the alcohol bottle in the car was from before. The cop said that he has my photos and the med report ( The confession on the hospital form ).Can the police take me to the court without any medical test and just on the basis of a hospital confession form and photo of a half filled glass and alcohol bottle which i wasn't even drinking while being caught.
Asked 4 years ago in Criminal Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
11 Answers
The forms you have affixed your signature would be a formal admittance of the offence, hence better do not agitate over the issue and pay the fine amount as prescribed by court.
The half drunk glass found in your car clearly indicates that you have been found to be drunk while driving, if there was no driver in your car at that time.
You can decide about this to avoid further problems by aggravating the issues.
The glass and the bottle do mean that you were drinking. But that is not an offence for which you can be jailed. Pay the fine and request the magistrate to go easy on you as this is your first time.
pleas not guilty
burden of proof is upon prosecution to prove allegations beyond reasonable doubt
take plea that you were forced to sign confession
You go to the court check whether the magistrate is leaving you on fine. Otherwise don't plead guilty before court and contest the case
My question here is that what documents will the police submit before the court in this case. Will the signed forms , ID's along with the hospital form ( self confession) & pictures would be enough to present before the court. Also the hospital whose stamped form was used is a private hospital ,so are private hospitals allowed to conduct medical tests for alcohol detention?. Further ,like i am being advice to pay the fine in order to avoid agitating the issue, should i directly pay the fine to the police to avoid going to the court? As this option was given to me initially by the police. To be honest ,although the bottle and the half filled glass was found in my car, I hardly had one drink which would not even have been detected if a proper med test was taken and the place where I was caught is hardly 500 mt from my house inside the colony compound and I was out to buy some medicines and had stopped to attend a call. I don't want to get into unnecessary hassles by contesting against the police. I'll of course pay the fine if asked by the court . The question I have is that can the police send me a summon here with all the above mentioned documents and without a proper med test? Isn't a BAC / Blood test mandatory to prove a drunk driving/ drinking in public place case?
Asked 4 years ago
They would present the pictures and hospital form
private hospital can conduct medical tests
3) blood test is required to prove that you had consumed alcohol
4) you can pay the fine and close the case if you so desire
Any confession in the presence of police is not admissible in court. It is not glass and bottle in hand that is punishable, it the liquor in the stomach that is offence. A photograph is not valid proof acceptable to Court there has to be medical proof. Further a compound of colony is not a public place, drunken driving is offence only on public road. A conviction can be recorded by court only on the basis of blood test that too in public place. You can pay the fine amount in the Court, there is no problem but once fine is paid and police catch you again your license can be suspended. Take your decision but police cannot property any offence of drunken against you.
Police will submit the charge sheet in the same. You need to check whether you want to get out with a fine or contest the case through trial
Dear Sir
You have committed no crime here and the Police have no case against you.
You do not need to sign any such documents and doing so will only make things worse.
Having a photo means nothing.
Thank you
The police will submit all those relevant papers to prove their charges.
If you want to avoid going to court, you may pay the fine amount demanded by police, it depends on your own decision about it.
The documents in possession of police would be sufficient to prosecute you, hence you may take wise decision based on the circumstances prevailing at your end.
- As per CrPc , the statement taken by the police from an accused in any case can be denied at the time of evidence on the ground that it was taken forcibly by the police .
- Hence, you can deny the said allegation before the court , if the matter came before the court .
- Further , generally such offence is treated as petty offence , and court can impose some fines as a punishment .
- Further , the other grounds such as blood test etc. will take at the time of evidence , hence you can deny the allegations levelled by the police before the court.
