Caught for Public Drinking Pabandi Nama Breath analyser test

737 votes

Since no FIR or challan was issued and you only signed a “pabandi nama” (undertaking), it appears to be a warning, not a formal case. The police can technically register an FIR later if they have grounds under relevant sections (e.g., public intoxication under local police or excise laws), but it is uncommon if no incident or nuisance was caused. Keep a copy or note of what you signed, avoid repeating such conduct in public places, and do not visit the police station unless officially summoned. If you receive any notice later, seek legal assistance before responding.

Advocate Adarsh Kumar LawRato

532 votes

Hi there, it's just a warning you shall consider it as closed. There is minimal chance of it going any further. If you get something such a notice or summon then contact me. id you have any questions feel free to reach out.

Advocate Ishan Parashar LawRato

967 votes

Based on the information shared by you, it appears that the police stopped you for public drinking and took your breath analyzer reading, which showed 198 mg/100 ml. You have mentioned that you were not driving or in a vehicle, but standing outside a wine shop. No particular section of law was mentioned on the slip given to you, which only had your breath test result and your name. You were also made to sign a form, and the police informed you not to repeat this conduct again. In such situations, the applicable law is usually Section 268 of the Indian Penal Code (Public Nuisance) or relevant sections under local municipal or excise laws, depending on the state. In some cities, public drinking or being intoxicated in public is an offense under the Excise Act or police regulations. However, the police have not filed any FIR against you or mentioned any penal section at this stage. Based on your statement, you have only been cautioned and no formal charges have been filed. Generally, if you are not found creating a disturbance or endangering public safety, and you were not operating a vehicle, the offense is of a minor nature. The 'pabandi' nama you signed is a personal bond or undertaking not to repeat the conduct. Unless you are summoned subsequently for the same incident, or you are called to the police station, no immediate action is required from your side. However, do retain the slip and any documents provided by the police for your records. If you receive a notice, or if an FIR is filed in future relating to this incident, you should consult a lawyer for further steps, including the possibility of compounding the offense or applying for bail if required. For now, it appears to be only a warning. It is advisable to not repeat such conduct to avoid stricter legal consequences in the future. Should the police initiate any additional action, seek legal assistance immediately.

Advocate Yuganshu Sharma LawRato

739 votes

Did policeman took your aadhar card or any other id If they have taken you will get notice from court and you will be asked to pay fine For more discussion please feel free to connect with me Thanks.

Advocate Anuj Ranjan LawRato