Police proceedings towards people smoking next to a paan shop. Police proceedings towards people smoking next to a paan shop.

1 year ago

Can a person be taken to a police station in a police jeep and threatened to be produced in the court for smoking next to a paan shop? This happened with me recently, and the others were being rounded up too. When people start pleading, they demand a fine of Rs. 200, and let them go and file an NCR. I told them they're free to produce me in the court, and they were pissed off because of that. Also in the NCR, they have mentioned that I was smoking at the "Bus Depot" even though I was 200 meters away from it. They served me with a notice to be present at the district court at 10 AM (even though the court opens at 11 AM). The personnel from the police station, where the NCR was filed, himself didn't show up at the court. I got to know in the court, that a policeman is supposed to come, do the paperwork and collect the fine from me. The reason I'm asking this question here is to know two things. 1. Does this qualify as misuse of power by police? 2. Police seemed pissed off as I didn't plead to let go off me like others, and the sub inspector said, "iska 2 banao" (2 NCR). I have one which states COPTA 2003, section 4. Other they didn't show me even after asking for it (I had to insist at least 8-10 times to show the first NCR against me).

Anik

Responded 1 year ago

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A.It is not appropriate for the police to threaten a person with arrest or to use excessive force or intimidation for a minor offense such as smoking in public. This type of behavior could be considered an abuse of power by the police.

In your situation, it appears that you were unfairly targeted and that the police may have been trying to intimidate you into paying a fine. It is important to note that you have the right to refuse to pay a fine if you believe that you have not committed a violation or if you believe that the fine is excessive.

If you believe that your rights have been violated or that the police have acted improperly, you may want to consider filing a complaint with the police department or seeking legal advice from a lawyer or legal aid organization. They can advise you on your rights and help you determine if any legal action is appropriate.

It is also important to note that if you have been issued a notice to appear in court, you should take it seriously and appear at the appointed time. If you fail to appear, it could result in additional legal consequences. However, if you believe that the charges are unjustified or that the police have acted improperly, you may want to consider seeking legal advice before proceeding with any legal action.

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