Two years ago surat police checked my car and found an empty whisky bottle which had left in car back sheet cover. They wrote a false fir that i had possession of 180 ml whisky. I got bail immediately but today I received a summon from court for the case. What should I do now? Should I appear in court or may I send a lawyer in my absense? What s the penalty if I accept the charges? Pls help
Asked in Criminal Law from Surat, Gujarat
I don't want to drag this issue more. So what's the maximum penalty I can face? What's the general rule of the court for this type of cases?
Asked 12 months ago
Hi, You have to contest the case on merits and engage the advocate and proceed further.
2. If the entire case is settled if you accept the guilty after paying fine then you have to accept the guilt and pay the fine in the Court.
1) you should appear in person in response to summons
2) you can engage a lawyer and deny you were in possession of liquor
3) merely because you had an empty bottle does not mean you are in possession of liquor
4) penalty to be imposed on being found in possession of liquor only local lawyer can guid you
I need to insure that only fine will be the penalty. Even if its the false charge but can I be jailed on any basis? Please help summoned on 9 th.
Asked 12 months ago
Consult a local lawyer in this regard
Hi, It will ultimately end with fine and you can't be jailed, don't worry.
It appears the FIR was registered on which basis trail has started now.
Since it is firs date you can avoid your presence by sending your lawyer but you have to attend on later dates to face trial.
Without knowing the charges to be slapped it is difficult to advise on quantum of sentence if you are proved guilty.
1. Getting bail is not the end of the case. The criminal prosecution does not abate with the grant of bail. It seems that you failed to appear in the court without exemption, which has resulted in the summons. If you do not honour the summons the next step will be issue of warrant.
2. Engage a lawyer who will advise you appropriate course of action after a threadbare perusal of FIR.