- This topic has 29 replies, 20 voices, and was last updated 1 year, 2 months ago by
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URecently, something happened with my friend that really made me question the behavior of local police in our area (Delhi). He was sitting on his bike, parked near his home—around 500 meters away—in a local area with no main roads or traffic signals. It’s a quiet neighborhood, the kind of place you’d typically find in many parts of India.
He was just sitting on his bike and smoking when a police officer approached him and started questioning him aggressively. The cop asked why he was smoking there and why he wasn’t wearing a helmet. My friend replied politely that he wasn’t riding the bike—just sitting on it—so he didn’t need a helmet.
Instead of listening, the officer got more aggressive. He asked for the RC (Registration Certificate), which my friend showed. But the officer kept being rude and suddenly snatched the key from him. Without issuing any challan or giving a proper reason, the officer took the bike and locked it in the police station.
When my friend asked for an explanation or some kind of receipt, the cop simply said, “Do whatever you want, I’m not going to release your bike.”
This kind of behavior is becoming more common in my area. Many local police officers don’t wear helmets themselves, but they harass civilians even when they’re not violating any real laws. They don’t issue proper challans, don’t provide receipts for seized vehicles, and speak in a tone that suggests they’re just looking for bribes.
I’m sharing this here to ask:
Is it even legal for the police to seize a parked vehicle without a challan or proper documentation? What can a citizen do in such situations? Has anyone else faced something like this?
Any advice or legal guidance would really help. -
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SSupreme Court advocate here:
None of this is legal at all. Contact a lawyer. A good one can even get this cop suspended.
Also, don’t smoke in public.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
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RJesus Christ, dude. You’re 25 years old. You just started practising. Proclaiming yourself to be a Supreme Court advocate when you haven’t even found your feet yet is extremely disingenuous.
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SI am a Supreme Court advocate. I have my own practise here, with a fair number of clients that I represent myself.
If you don’t wanna believe me, don’t. That’s your prerogative. The only way I can prove it to you is by revealing my identity, which is something I am not gonna do.
However, just because you’ve not achieved anything worthwhile in your life doesn’t mean that others haven’t, or can’t. There is no reason why a 25 year old can’t represent clients here.
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RI’m a practising advocate myself, and doing quite well at it, which is why I could tell your advice was correct.
So, this is your fourth year running, and you think you’re established? Dude, get a hold of yourself.
You think that you get clientele just because you’re good at what you do? Makes me wonder if you’re even good at what you do if you can have such a braindead opinion.
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SBuddy just because you can’t hack it because of your incompetence doesn’t mean others can’t either. Not everyone is meant for this field. From the looks of it, you’re not either.
I am not sure which metric you employ to consider whether a person is established or not, but I am certain my practise blows your 2 bit boutique legal advice service out of the water.
Consudering how outlandish you find a young lawyer doing well makes me seriously doubt that you’re a) an advocate and b) doing well.
The amount of tax I avoid paying the govt. is probably more than what you make in a year anyway. So cope and seethe, loser.
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HWait, you said “don’t smoke in public?”
Is that some kind of law to not smoke on a public Street? Like say if I bought a cigarette off a paan shop and was just casually smoking on the streets, that’s illegal? What about people smoking random beedis etc on the street?
I was under the impression I can’t smoke in a public area with explicitly “no smoking” mentioned somewhere etc.
But is it actually illegal to smoke on a public Street?
Can I have the exact law being referenced to here wrt to said scenario?Not challenging you etc, just curious about what the legal opinion is here
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SOh, yes. It it absolutely illegal to smoke in public. Both the Centre and the State has passed laws against public smoking. You’ll find the exact provision in the COPT Act of 2003.
The issue is, just because something is illegal doesn’t mean that the law against it is enforced; this case is no different.
My legal opinion is that even if you’re caught, the fine is like 200 rupees. So it is not really a big deal.
My personal opinion, however, is that smoking kills and it is gross. It’s best avoided.
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**Disclaimer: The information provided above does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are strictly for general informational purposes only and create no liability on the provider of said information. Readers should contact their attorney to obtain advice with respect to any particular legal matter.**
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VNah, nothing’s missing. Sorry if I sound like pessimist but this is not uncommon. I have had similar situations. My friend bought a new royal enfield and the officer tried to snatch keys from him but had to back away because my friend had all documents at his disposal. Gods grace has left this place, which is pretty ironic considering all the temples, mosques and churches we have.
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SMaybe he misbehaved with the police and the police officer just misused his power.
I don’t know the truth about your friend, but I have observed that people in our society are loosing the ability of keeping a difficult discussion respectful.
Anyways, smoking in a public place is illegal.
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UNo he didn’t misbehaved, I mean police are just taking anyone’s bike from the local who is without helmet and in local they themselves don’t wear the helmet. And that day almost they seized many people bike and they left the bikes after taking bribe from many people and they treat civilians like shit. I mean they do not talk calmly. And the place where he was smoking was normal place where everyone drinks tea and smoke.
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SThis sort of thing happened to my fiance, except his cousin had borrowed his bike and was arrested on drug charges. The bike was confiscated, and there was no talk about getting it back. He got an advocate but still had to pay what he called a bribe. It took over a week, maybe even two. I can’t remember.
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HIs it actually illegal to smoke on a public Street? Say I bought a cigarette off a paan shop and was just smoking by myself on a public Street.
What about allt he hundreds of people that smoke on roadside tea stalls etc?
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Ncheck the ranking of the cop who did this. go to the station and give a complaint on them. if the main officer does not take the complaint. submit the complaint to the sp. and yes hire a lawyer and through magistrate get the complaint accepted by the officer. once lawyer gets involved they are doomed and make sure to find such a lawyer who know how trap these fishes
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UBro when we tried to go station there the duty officer just shouts and asks to leave and says the maalkhaana incharge officer is not here. Even my bike was also seized a month ago and they were talking too rudely, I have ran here and there and there is no timing for that officer who was incharge of maalkhaan after 1 week I was able to meet him and he took 1000 rupees to leave the bike. I even asked many lawyers also but they were not good so they were asking me like 5000 rupees to settle this thing and they were also like will give the bribe to the police and will keep the profit in their pocket. And these police people talk very rudely with us. Like I have losen my self respect and we already got the bikes but the way these people have treated us I have completely lost my respect without anything just becoz not wearing the helmet and that was even in local in my area where there are not even roads built. I am just asking this question if it happens again in future what will I do because I do not want any person to talk me like that. Everyone deserves respect yrr. Evn ordinary citizens.
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NI am sorry it happened to you. And I’m glad you got your bike back. Next time if such incident happens just question the officer on what basis he is taking away your vehicle and tell him to give copy of it. Try recording the conversation. I know it’s scary but know the law. Immediately go the officer in charge of the station don’t go alone either go with a lawyer or with someone else. Explain the situation if even he refuses either you should take legal action along with complaining his higher authorities. I know the system is corrupt for common man but sometimes it’s scary to stand your ground
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