Drunk’ driver’s plea against cop action admitted Shibu Thomas, TNN, Mar 23, 2010,

MUMBAI: The Bombay high court on Monday admitted a petition filed by a 24-year-old city businessman, challenging the practice followed by the police while dealing with drunk drivers. Wadala resident Nikhil Kisnani will however, face a trial in the matter, with Justice B R Gavai directing the magistrate’s court to expedite the case.

Kisnani, who was driving a bike on the night of December 27, 2008, was stopped at the Famous Studio signal in Dadar by the traffic police. A breath analysis test reportedly showed the presence of alcohol. The police asked Kisnani to pay Rs 2,000.

The next day, he was summoned to the Dadar morning court, presided over by a special metropolitan magistrate. He pleaded not guilty and challenged the criminal case against him in the HC.

His lawyers have questioned the practice followed by the police while hauling up drunk drivers. Drunken driving is a cognisable offence. According to Kisnani’s lawyers, under the Criminal Procedure Code, the police must lodge an FIR, investigate the case and file a charge sheet for all cognisable offences.

Kisnani’s petition has also challenged the jurisdiction of morning courts to conduct hearing in drunk driving cases. Cognisable offences can only be tried by a metropolitan or judicial magistrate, his lawyers have argued.