Caught Smoking Hookah effect on US visa
Querist :
Anonymous
(Querist) 16 December 2017
This query is : Resolved
Last year I was caught smoking hookah in a bar. The police took me to police station entered my name and address in the register and made me sign a document and charged me ₹200 and left me I was not told to come to court or anything. There was not arrest. Now I am about to go to US and have to apply for passport and visa. My question is will this small issue show up as a criminal history in the government database ? I didn't know hookah was banned in mumbai. Will there be a problem in background checks when I apply for a job. I'm pretty worried I have learnt my lesson and have not smoked again.
Guest
(Expert) 16 December 2017
Your last sentence of your post is appreciated.
Guest
(Expert) 16 December 2017
It is just a minor offence and penalty is also paid and the case would be closed and there would be No Issues for your travel.
Guest
(Expert) 16 December 2017
It is only a Petty Case and forget about it.
Querist :
Anonymous
(Querist) 16 December 2017
Thank you for your reply. I know it's a petty case but is a criminal record on me now ? will this come up on my background check. I have changed but the companies who will be hiring me will not be as forgiving.
Querist :
Anonymous
(Querist) 16 December 2017
*Is it a criminal record on me now*
Guest
(Expert) 16 December 2017
Already told you to forget it and Proceed in life
Querist :
Anonymous
(Querist) 16 December 2017
Also will this offence be linked to my Aadhar card
Querist :
Anonymous
(Querist) 16 December 2017
I understand sir but the other thing is that on visa application the they are asking me have you ever been cited or fined or detained by law enforcement authorities and have you ever violated a controlled substance law in your country I'm afraid that if I answer yes my visa will be denied and if I answer no they might do a background check on me and get information. I know I might be paranoid but still it is my dream to study in US and don't want my past to affect it.
Guest
(Expert) 16 December 2017
In Dec 9 2014 the Supreme Court had removed the Ban implemented by BMC for consumption of Hooka in restaurants and bars
Guest
(Expert) 16 December 2017
It would be only for any other reason you would have been levied the Penalty of Rs200/- like smoking in prohibited areas or in public place..There should be separate place/smoking zone in Bars and Restaurants for consumption of Hooka.
Guest
(Expert) 16 December 2017
Just avoid your imaginations and proceed and certainly there would be no issues
Querist :
Anonymous
(Querist) 16 December 2017
The police office has mentioned COTPA act on my challan
Guest
(Expert) 16 December 2017
COTPA act doesn't apply to individual but for the concerned Bar and Restaurant. and Sellers and shop keepers with various restrictions. But this Act applies to you on the grounds for smoking in prohibited areas please
Guest
(Expert) 16 December 2017
COTPA Act- Cigarette and Other Tobacco Products Act
Querist :
Anonymous
(Querist) 16 December 2017
yes so will this COTPA Act mentioned on my challan create a problem ?
Guest
(Expert) 16 December 2017
Even in COTPA Act it is mentioned major fine would be Rs200/- for individuals smoking in Public Place.
Guest
(Expert) 16 December 2017
You had paid the Penalty Just for the reason Smoking in Public Place.Even if you were smoking Cigarette you would have paid it.
Guest
(Expert) 16 December 2017
Is it Okay ......................................................
Querist :
Anonymous
(Querist) 16 December 2017
Thank you
Querist :
Anonymous
(Querist) 16 December 2017
I'm really sorry one last question. I'm applying for a police clearance certificate(PCC) will this record show up in the certificate ? I'm really sorry just one last question. Thank you.
Guest
(Expert) 16 December 2017
Just forget about it and you need not think of it or mention about it.
Querist :
Anonymous
(Querist) 16 December 2017
Also is the record expunged or pending or dismissed?
Querist :
Anonymous
(Querist) 16 December 2017
No I haven't mentioned it to them but will it show up on my PCC ?
Querist :
Anonymous
(Querist) 16 December 2017
Also am I technically convicted or only charged and then all charges are dropped ?
Guest
(Expert) 16 December 2017
I am sorry if you are still not convinced better post this Query once again in the thread since others may feel it had been already attended here.Any how I am sorry for responding your query and stretching the thread. I will not respond further please
