Hi,
A friend of mine, working in one of the big fours in Mumbai has been caught for drinking in Gujarat under liqour prohibition act.
There are a few questions we had for the same.
Will this lead to any adverse consequences on my friend at the workplace?
What might be the possible repercussions in accordance to job security?
Would the case be a hindrance for my friend in future job opportunities?

From India, Ahmedabad
KK!HR
1038

Will this lead to any adverse consequences on my friend at the workplace?

No, Though carrying liquor in a prohibition area is an offence in that part and one has to endure the penal consequence of it, it is not an offence elsewhere, particularly in Mumbai where he works. Many organisations, particularly the big 4 regularly hold/participate in cocktail parties, so it is not an anathema in the organisation. So this incident may not have any adverse consequences, so long as there was no drunken brawl or other criminal activities. I remember reading a judgement, long back there was an army person (sometime in late 80s read it in Labour & Industrial cases probably) travelling through Gujarat and was found carrying liquor. He was convicted and army discharged him from service. He challenged it in the court and the High Court set aside the punishment on the ground that carrying liquor given as ration is not an offence serious enough to discharge and that it is not a misconduct in the service rules. This rationale is attracted here too.

What might be the possible repercussions in accordance to job security? No adverse action foreseen

Would the case be a hindrance for my friend in future job opportunities? Not likely

From India, Mumbai
Glidor
616

@
depends on the facts , place of incident and caught by whom?
for other state / overseas tourists the govt issues FL/A-6-A permits, which allow a certain quantity to have in possession, for personal use only
Local legal counsels can advice better way, as the status of employee is not clear whether he is resident of Gujrat or from some other state, for home state residents it is tough to face the situation


It is impossible that there could be a definite suggestion. What matters is the policy of the employer in such cases.
From India, Kochi
Under the Gujarat Prohibition Act,1949, though it is strictly prohibited within the territory of the State being found intoxicated or in possession as well as of consumption of liquor in any public place like hotels, lodges or in any private premises, there are provisions for permits for consumption of liquor while in Gujarat to visitors and tourists belonging to areas of other parts of the country where such things are not prohibited. Penalty for such offences is fine or imprisonment or both. Such being the legal position, the poster's friend should have been law-compliant through out his stay in that State whether the purpose of his visit was official or personal. Ignorance of law cannot be an excuse. Therefore he is most likely to be convicted by the Court of Law either by way of fine or imprisonment or even can be probably admonished u/s 3 of the Probation of Offenders Act,1958 under the peculiarity of the circumstances, if a plea is submitted by him before the court in this regard.
So far as the queries raised by the poster regarding the impact of conviction likely to be awarded by the court on the individual's employment and employability, I think it depends on the nature of conviction and policy of the organization. If it is imprisonment, no company would continue his services any more; if it is just fine or admonition, of course, the company may treat it leniently.

From India, Salem
Difficult to decide.. Under which IPCsection booked? Bailable.. Ya non bailable..
If he was stayed jail for more than 48hrs termination effects applicable to all over India..
If the case is minor if warnable like first offence second offence like that... Compoundable offence.. Like station bail Or called again to attend court penable sections of penalty like Road crossing violation of traffic rules or petty cases of "summary Trial Cases STCs...
Of all it can be concluded finally no harm to his Job as per given primaficee in formation. Sir.
Check again with a lawyer.

From India, Nellore

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