Mere smell of alcohol cannot be construed to mean that person is intoxicated, says Kerala HC
Kochi(PTI): The mere smell of alcohol cannot be construed to mean that the person was intoxicated or was under the influence of any liquor, the Kerala High Court has observed while quashing a case registered against a government servant.
Justice Sophy Thomas, while ordering quashing of an FIR against 38-year-old Salim Kumar, said that consuming liquor in a private place without causing nuisance or annoyance to anybody will not attract any offence.
"Consuming liquor in a private place without causing nuisance or annoyance to anybody will not attract any offence. The mere smell of alcohol also cannot be construed to mean that the person was intoxicated or was under the influence of any liquor," the court said in its order issued on November 10.
The court was hearing a criminal miscellaneous petition filed by Kumar, a village assistant, seeking to quash an FIR filed against him by police in 2013.
Police had registered a case under Section 118 (A) of the Kerala Police (KP) Act against Kumar, saying when he was called to the station to identify an accused, he was under the influence of alcohol.
Kumar has moved the court, saying he was called to the Police Station at seven in the evening to identify an accused, against whom a case was registered under Section 353 of IPC and Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act (for short 'the Sand Act').
Kumar said since the accused was a stranger, he could not identify him and only because of that fact, police registered this crime under KP Act.
Section 118 (A) of KP Act deals with the penalty for causing grave violation of public order or danger.
The court noted that in order to attract an offence punishable under the said section of KP Act, a person should be found in a public place in an intoxicated manner or rioting condition, incapable of looking after himself.
"The definite case of the prosecution is that as requested by police the petitioner reached Badiadka police station for the purpose of identifying an accused. The very fact that the petitioner reached the police station, when he was asked to be present there, itself will negative the case of the prosecution that he was incapable of looking after himself even if it is taken for argument's sake that he had consumed alcohol at that time," the court said.
It also said that the available records "will not show that the petitioner was sent to doctor for a clinical examination" or to show that his blood test was conducted to prove that he was intoxicated.
"The records show that he was subjected to an Alco-quant test using Alcometer. All the witnesses are Police Officers, except one person, who was the accused arrested under the Sand Act, to identify whom the petitioner was called to the Police Station," the court noted.
The court said Kumar reached the Police Station only because he was asked to and that the prosecution has no case that the petitioner had criminal antecedents.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
