Advocate Rajeev Ranjan Raj

Questions Answered by Advocate Rajeev Ranjan Raj

Q: What is the punishment under law for drink and drive

 I am a 20 year old MBBS student with college outsidr Delhi but have home in Delhi. I was driving througj Chanakyapuri and confidently passed through a police checking for drunk driving. When Breath analyser was used, it showed my reading 50, permissible reading is 30 under MVA. I had just consumed paan 5 minutes before and a cough syrup and listerine mouth wash from home. I did not drink at all. Car was released at spot with a friends license which I got from whatsapp, and I was given court challan for 24.09.2018, and license was impounded. I am terrified and can not even tell at home to my parents since I have exams aswell in next few days, please guide me. I do not want my parents to know or get imprisonment as stated in the act. I can pay fine upto Rs 2.000-2.500. What shall I do?

Advocate Rajeev Ranjan Raj answered
185. Driving by a drunken person or by a person under the influence of drugs.—Whoever, while driving, or attempting to drive, a motor vehicle,— 1[(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyser, or](b) is under this influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both. Explanation.—For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicleFor first time, u wil fined only.. u wil have to pay 2000 as fine in court as challan .

Q: A fake case regarding drug selling

One of my freind is got arraested today bcz one of his client who use drugs said he purchased drugs from my freind but police did not find any other proof on that basis as my freind is innocent he never being involved in such cases and have very good image among society! So what is the legal method to get out of this situation ! Police demanded 5 lac to cut his name from the file but he dont have that money either to pay police

Advocate Rajeev Ranjan Raj answered
Its very difficult to answer how to manage this situation if police is asking for money... Here i can help you with legal issues.. if police has arrested him , then they have to present your friend in front of court with in twenty four hours and if they are not doing so, you can conplaim to senior police officers or magistrate.. Even then ,there is no action and you think his arrest is unconstitutional, you can knock the door of high court by way of writ in the form of habeas Corpus...

Q: bank locker in the name of deceased parents

My mother have locker in bank her parents name and they passed away. so how shall she open the locker now? the bank is asking for the court permission. my mother are 3 sisters and 2 brothers. one brother expired and one brother is abroad.

Advocate Rajeev Ranjan Raj answered
If your mother's parents has not nominated anyone to locker after their death then your mother need to obtain legal heir certificate from court to open the locker.. And if she want to operate that locker individually then she have to take no objection affidavit from other legal heirs... And the one who had died ,his legal heirs wil give no objection affidavit on behalf of him

Q: Validity of affidavit of consent for court marriage

I want to ask my boyfriend and me doing court marriage without my parent's permission so he wants me to sign 2affidavit for his safety.one is where it says that it is doing myself no one force me and another one is he didn't ask money from me for marriage.so if my parents file case against him so he can save himself.is it right.and there will be no use of it in future for any other wrong direction?

Advocate Rajeev Ranjan Raj answered
See as such there is no legal value of that affidavit.. all that will matter is your statement before police if your parents files a case.. Then also if you want shield from the mis-use of that affidavit then get him signed another affidavit that previous affidavit will only be used in above mentioned condition..