Appear in court pay the fine .
mere pendency of case is not ground for refusing renewal of passport
Booked under Section 40A but no call from police station
Hi, i was caught drinking in public place in May 2023, new delhi. Police personnel told me that you will have to appear in the court when ordered and pay the fine. I kept on waiting for few weeks but didn't received any call or summon at home. I left for pune to resume my job. Till date there has been no intimation from the police station and court. Now when police verification happened for my passport, the police personnel said that you have a case pending on you and he won't approve my passport renewal application. What should i do next ?
Asked 4 months ago in Criminal Law
Religion: Hindu
10 Answers
Get that case disposed of by paying fine it is not conviction. Once the case is disposed of Police can give favourable report.
First you clear that pending case against you by paying the fine in the court.
You will not get any notice from the court or police in this regard.
Hence contact the concerned police immediately and after collecting the details of the case you may be in touch with them so as you can pay the fine amount and get the case disposed.
Once it is cleared then you can apply for PCC.
Do i need to engage a lawyer for getting the details of the case and for appearing in the court?
Asked 4 months ago
Better engage a lawyer to appear in court
As the fine is upto 5000/-, will the lawyer help to get the fine as low as possible. What is the average an offender pays in 40A?
Asked 4 months ago
Lawyer cannot help in reducing fine
First attend the case and get it disposed of.
Dear Client,
You may want to consult an attorney for advice on the case in question. You could just go to a lawyer and have them get the specifics of your case from court; they will be able to guide you as how can you best handle it. You might even be required to go the court for this pending case. Since they have not been summoned yet, and you want to be above board with the law so you go directly to the police station or court giving them a head start on getting the summons issued. But the passport authority, wants all legal hassles to be cleared before taking up a subject for renewal. First, you will be required to close the pending case that must have stopped your passport renewal.
You can be in touch with the concerned police to pay the penalty/fine amount in the court, they will arrange and take care of the procedures.
The fine amount is decided by court and there is a standard amount to be paid, anything less than the statutory amount may not be entertained even if your advocate wants to help you
- Under Section 40A of the Delhi Excise Act, Drinking in public places is an offense.
- Further, the maximum penalty for drinking in public is imprisonment up to 3 months or a fine up to Rs. 2,000 to 5000 or both.
- Hence, you can engage a lawyer to attend the Court on your behalf
