One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X and his friends were enjoying an evening near a public park in City A with three vehicles. They were consuming alcohol when a police officer on patrol arrived at the scene. The officer photographed the license plates of all three cars and instructed the group to disperse immediately. While Mr.X’s vehicle was turned off and contained no visible alcohol, the other two vehicles had bottles and glasses visible. The police officer issued challans and warned of potential legal action. Mr.X was concerned about the implications for his vehicle and driving license, especially since he hadn’t consumed alcohol and his car showed no evidence of drinking. The group was worried about potential criminal charges and wanted to understand their legal rights and obligations in this situation.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Immediately collect all evidence proving your vehicle was not involved in drinking activities. Document the exact time and circumstances of the incident. Maintain receipts showing you were not the purchaser of alcohol. Avoid making any statements to police without legal representation present.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 268 addresses public nuisance activities including drinking in prohibited areas. Section 272 covers acts that endanger public safety and health. The Motor Vehicles Act provisions under BNSS Section 185 deals with driving under influence, while Section 510 addresses misconduct in public places. State-specific excise laws also apply to public consumption of alcohol, making it essential to understand local regulations governing such violations.

If You Are the Complainant

• File a detailed complaint with local police station mentioning exact location and time of incident
• Provide video or photographic evidence of public drinking and disturbance caused
• Submit witness statements from other affected community members or park visitors
• Request police to check CCTV footage from nearby areas if available
• Follow up regularly with investigating officer for case progress updates

If You Are the Victim

• Immediately secure legal representation before responding to any police summons or notices
• Collect evidence proving your non-involvement including vehicle inspection reports and witness testimonies
• Apply for anticipatory bail if criminal charges seem likely to be filed
• Challenge the challan through proper appellate authority if issued incorrectly
• Maintain detailed records of all interactions with police and legal proceedings

How the Police Behave in Such Cases

Police typically conduct on-site photography and documentation of vehicles and individuals present. They issue immediate challans for motor vehicle violations and may register FIR for public nuisance. Officers often separate individuals for questioning and may conduct sobriety tests. They document license plates, seize alcohol as evidence, and require statements from all persons present at the scene.

FAQs People Normally Have

Can police challan my car if I wasn’t drinking? If no evidence exists of your involvement, you can challenge the challan legally.

Will this affect my driving license? Only if proven guilty of driving under influence, otherwise license remains unaffected.

What is the penalty for public drinking? Fines range from Rs. 1000-10000 plus possible imprisonment depending on state laws.

Can I get anticipatory bail? Yes, if criminal charges are likely to be filed against you.

What Evidence Is Required?

• Photographs of the scene showing alcohol bottles and consumption evidence
• Vehicle registration documents and driver’s license of all persons involved
• Witness statements from passersby or park security personnel
• CCTV footage from nearby areas if available
• Medical reports showing blood alcohol levels if conducted
• Purchase receipts of alcohol to identify who bought the beverages
• Mobile phone videos or images taken during the incident

How Long Will the Investigation Take?

Investigation typically takes 30-90 days depending on evidence complexity and witness availability. Simple challan cases resolve within 15-30 days through traffic court. If criminal charges are filed, investigation may extend to 60-90 days. Court proceedings can take 6-12 months for final resolution depending on case complexity and court backlog.

Advocate Sudhir Rao, Supreme Court of India