Travelling with drunk driver may land you in jail

MUMBAI: The next time your friend or spouse gets drunk and insists on taking the wheel, you may want to think twice before accompanying him. In an unprecedented case last week, the Mumbai traffic police booked a co-passenger for abetment after the driver of a Maruti Swift was caught drunk at Mulund. On Wednesday, a metropolitan court convicted the drunken duo and sentenced them to imprisonment of one day and slapped a fine of Rs 2,000 each.

DCP (traffic) Harish Baijal told TOI, "This is the first time that a person has been booked and found guilty of abetting drunk driving in Mumbai, perhaps even in the country."

Abetting drunk driving (section 188 of the Motor Vehicles Act) attracts the same punishment as the offence of drunk driving (section 185 of MVA). A first time offender faces a fine of Rs 2,000 and/or a maximum jail term of six months and could also have his driving licence suspended for a minimum of six months.

The duo convicted on Wednesday are Thane residents, Yogesh Bhoir (20) and Lokesh Gholap (22). Bhoir was driving the Swift (MH09 AB 1111). Officials said the duo had visited a bar on February 4. Bhoir tested positive in the breath analysis test, which showed 146 ml of alcohol in his blood. Surprisingly, Gholap was much more sloshed with 385 ml of alcohol in his blood.

"The duo was so heavily drunk that they had to be hospitalised that night. "After paying the fine, the duo did not turn up in court on February 5. The court then served them a summons, instructing them to remain present on Wednesday."

Former IPS officer-turned-lawyer Y P Singh told TOI that not every co-passenger can be booked for abetting drunk driving. He can be charged only if he has actively participated in the case.

"Section 107 of the Indian Penal Code defines abetment and this definition is applicable to all legislations. Abetment is when a person instigates the accused to commit a crime, or aids him to do it, or when there's a criminal conspiracy. Mere knowledge of the offence can't be termed as abetment. These three conditions have to be satisfied," Singh said.

http://timesofindia.indiatimes.com/Travelling-with-drunk-driver-may-land-you-in-jail/articleshow/4115445.cms

Dead drunk cop mercilessly beats man with slippers

By: Prawesh Lama & Anshuman G Dutta Date: 2008-07-17

Delhi: A police constable roughed up a man near ITO red light for 'hitting' him with his car while the cop was crossing the road. The incident occurred around midnight when constable Ram Bharose in an inebriated state, was crossing the road at the ITO red light.

A car driven by Pritam Singh, who was on his way to Gurgaon, just grazed past the policeman following which an argument ensued between the two. According to eyewitnesses, the constable was on a high and was carelessly crossing the road when he came in front of the car.

Ram Bharose was not hurt and saved by the alert driver but in the process the bonnet touched the cop. "Ram Bharose told me that I was not driving properly.

When I pointed out to him that he was drunk and crossing the road carelessly, he started bashing me with chappals (slippers).

Though he was not injured he hit me with chappals and kicked me for having hit him," said Pritam Singh, resident of Gurgaon Sector 22.

Eyewitness account

Subhash Mallik, a freelance photographer who had his car right behind that of Pritam's, said that the constable was drunk. "I had to call PCR 10 times. It was only then that the police came to the spot. The constable did not listen to anyone and started bashing the victim," Mallik said."

However, when the PCR came to the spot, instead of taking action against the constable the driver was asked for his license and permit.

As I have called the PCR they talked to me rudely and tried to frighten me, saying that I would be dragged to the court.

I do not care, the driver was beaten mercilessly. He was beaten for no reason by the over drunk constable," Mallik said.

Source; http://www.mid-day.com/news/2008/jul/170708drunk-cop.htm

Dead drunk cop mercilessly beats man with slippers

By: Prawesh Lama & Anshuman G Dutta

Delhi: A police constable roughed up a man near ITO red light for 'hitting' him with his car while the cop was crossing the road.

The incident occurred around midnight when constable Ram Bharose in an inebriated state, was crossing the road at the ITO red light.

A car driven by Pritam Singh, who was on his way to Gurgaon, just grazed past the policeman following which an argument ensued between the two. According to eyewitnesses, the constable was on a high and was carelessly crossing the road when he came in front of the car.

Ram Bharose was not hurt and saved by the alert driver but in the process the bonnet touched the cop. "Ram Bharose told me that I was not driving properly. When I pointed out to him that he was drunk and crossing the road carelessly, he started bashing me with chappals (slippers).

Though he was not injured he hit me with chappals and kicked me for having hit him," said Pritam Singh, resident of Gurgaon Sector 22.Eyewitness accountSubhash Mallik, a freelance photographer who had his car right behind that of Pritam's, said that the constable was drunk. "I had to call PCR 10 times. It was only then that the police came to the spot.

The constable did not listen to anyone and started bashing the victim," Mallik said."However, when the PCR came to the spot, instead of taking action against the constable the driver was asked for his license and permit. As I have called the PCR they talked to me rudely and tried to frighten me, saying that I would be dragged to the court.

do not care, the driver was beaten mercilessly. He was beaten for no reason by the over drunk constable," Mallik said.

Source: http://www.mid-day.com/news/2008/jul/170708drunk-cop.htm