BENGALURU: The Karnataka High Court dismissed a case filed against two young people from Bihar by traffic police who were apprehended without following procedure, noting that under no circumstances can a fine amount be collected by traffic police to be paid on behalf of the drink-driving accused because the court is the only authority to determine the fine amount.
Justice Mohammad Nawaz granted the petition submitted by Priyamshu and Alok Kumar of Doddanekkundi, citing a circular issued by the office of the Additional Commissioner of Police (Traffic) on September 25, 2015, regarding the process to be followed by police when booking cases of drunk driving in support of the order.
The magistrate court’s ruling from October 26, 2018, refusing their discharge from the offence filed by the police inspector of the HAL Airport Traffic Police Station at Mahadevapura police station, was cancelled by the judge. This offence was punishable under Sections 353 read with 34 of the IPC.
The court ruled that the circular should be followed and that all aspects of the alcohol-related driving check should be recorded on camera. The police officer shouldn’t lose his composure and engage in debate if someone tries to be unruly or mistreat the officers. Understanding that someone under the influence of alcohol is not in their right mind, and is agitated, aggressive, and abusive. However, if the suspect tries to physically harm a police officer, he should be detained and local law enforcement should be notified.
HC NOTICE ON TDS FOR FREE MEDICATIONS TO FINMIN
In response to a PIL filed against a circular issued on June 16, 2022, to recover TDS on the value of providing free medication samples to doctors under Section 194R of the Income Tax Act, the High Court on Thursday served notice to the Ministry of Finance (Central Board of Direct Taxes). After hearing the PIL filed by the Karnataka Drugs and Pharmaceuticals Associations and three other drug manufacturers, a division bench of Acting Chief Justice Alok Aradhe and Justice S Vishwajith Shetty issued notice on the grounds that the central government’s circular is illegal and that the issue of deducting TDS does not arise because free medicines have no intrinsic value.