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Abu kap   21 November 2021

police highway petroling

i was travelling on highway with my hookah sheesha and they tooked it from me and told me will give u back after fsl report is there hookah with me travelling is crime ??


Learning

 7 Replies

Dr J C Vashista (Advocate)     21 November 2021

What is this "hooka sheesha" ?

Abu kap   21 November 2021

hello dr j c vashista yes i mean sheesha

G.L.N. Prasad (Retired employee.)     21 November 2021

File RTI application before that PS that confiscated the intoxicant and get information.

Information solicited:

1. Please provide the laid down law that empowers the police in highway patroling to confiscate "hooka shesha' from the traveler on the highway.

2. Please provide the copy of that record that states confiscation by police on.....................at.....................(place)  sending the same to the approved lab and further status till date.

1 Like

Abu kap   21 November 2021

it was the s.p who told us that if this sheesha is private its is doubtfull and will process fsl report
and will be given back if everything allright ?

SOURAV CHATTERJEE   22 November 2021

I don't know

Sudhir Kumar, Advocate (Advocate)     22 November 2021

please come clear with facts of the case.

minakshi bindhani   23 November 2021

As per your query!

Under section 185 of the Motor Vehicles Act, 1988, Driving by a drunken person or by a person under the influence of drugs

Whoever, while driving, or attempting to drive, a motor vehicle,— 1

a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or

b)is under this influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.

Explanation.—For this section, the drug or drugs specified by the Central Government on this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle.

Hope it is helpful!
Regards
Minakshi Bindhani
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