Can an Indian cop confiscate wine bottle without reason?
Can an Indian cop (from Assam) confiscate one single sealed port wine bottle from car in a police checking without the driver being drunk?
It was on March 27, 2016 at 7PM, I was bringing home a bottle of Port wine for Easter dinner from work when a police checking in Narengi (Forest Gate) area in Guwahati asked me to stop the car. The lady cop (Kalyani Das) from Noonmati Police Station asked her junior to confiscate the wine bottle and said that it is illegal these days to carry wine bottles before 10 PM in the streets of Guwahati. I tried to verify her statement saying that I haven t heard any such rule. But she ignored me and said she can lodge a FIR against me for disturbing an on duty police officer and asked me to come back by 10 PM to collect the wine bottle from her. I had to oblige and leave the spot. I did go at 10 PM to retreave the wine bottle, but by that time the police squad had left the place and no one was available. I lost Rs 248. Although it s not much, it s my hard earned money. And I pay my tax. Now my question is, is it legal for a cop to confiscate someone s personal item, may it be a sealed bottle of wine from car without any valid reason and warrant?