- Recently, a man was arrested at 1:30 AM from a South Mumbai Street for wandering at such a later hour.
- Acquiring the man, a Metropolitan Magistrates Court held that wandering on streets late at night in a city like Mumbai is not an offence.
- The Court further said that an offence will be attracted only if a night curfew was imposed in the area.
- The background of the case is that on June 13, 2022 a 29-year-old man from Uttar Pradesh was arrested from the Cadbury Junction in South Mumbai.
- The police alleged that he was sitting suspiciously between sunrise and sunset and had his face hidden without an explanation, and said that he wanted to commit an offence.
- Thereafter, he was charged under section 122 (b) of the Maharashtra Police Act.
- Two witnesses were examined namely; the patrolling officer who arrested him and a panch witness.
- The Ld. Magistrate acquitted him on two grounds.
- Firstly, neither of the witnesses mentioned the offence that the accused was allegedly going to commit and merely saying that he was there without any explanation is a vague contention.
- Secondly, because a handkerchief was tied to the face of the accused does not mean that he was trying to hide his identity. The Court said that he might be using the handkerchief as a substitute for a mask.
- The Court further said that no reasonable case makes out against the accused.
- The Court said that in a city like Mumbai there is no such thing as too late and even if someone is on the streets too late at night, they cannot be arrested for that.
- Accordingly, the Court acquitted the man.
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