BENGALURU: Noting that under no circumstances can a fine amount be collected by traffic police to be paid on behalf of the drink-driving accused, as the court is the only authority to decide the fine amount, the Karnataka High Court quashed a case registered against two youths from Bihar by traffic police, without following procedure while apprehending them.
Citing a circular issued by the office of the Additional Commissioner of Police (Traffic) on September 25, 2015, with regard to the procedure to be followed by police while booking drink-driving cases in support of the order, Justice Mohammad Nawaz allowed the petition filed by Priyamshu Kumar and Alok Kumar, residing at Doddanekkundi.
The judge quashed the order dated October 26, 2018, passed by the magistrate court, rejecting their discharge from the offence punishable under Section 353 read with 34 of IPC, registered by the police inspector of HAL Airport Traffic Police Station at Mahadevapura police station.
The court said, according to the circular, the entire drink-driving checking activity should be videographed. If any person tries to misbehave or abuse the police, the officer should not lose his cool and take up an argument. It is to be understood that a person under the influence of alcohol is not in his senses, and is irritable, argumentative and abusive. However, in case the person tries to physically assault police, he should be restrained and jurisdictional police called to the spot to take custody of the person.
HC NOTICE TO FINMIN ON TDS FOR FREE MEDICINES
The High Court on Thursday issued notice to the Ministry of Finance (Central Board of Direct Taxes) on a PIL filed against a circular issued on June 16, 2022, to recover TDS on the value of free distribution of medicine samples to doctors, under Section 194R of the Income Tax Act. A division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty issued notice after hearing the PIL filed by Karnataka Drugs and Pharmaceuticals Associations and three other drug manufacturers, on the ground that the circular issued by the central government is contrary to law, and the question of deduction of TDS does not arise as free medicines do not have any value.