S.C. Dharmadhikari, J.

1. In this Criminal Application the only point that arises for our consideration is whether an offence punishable under Section 185 of the Motor Vehicles Act, 1988 is cognizable or non-cognizable.

2. The facts that are necessary to appreciate this question are that on 27.04.2011 the Applicant was driving a motor vehicle when she was signalled to stop by an officer of the N.M. Joshi Marg Police Station, Mumbai. The Applicant was further put to a “Breath Alcohol Analysis Test” and after the test was conducted, no statement was recorded nor was any report given to the Applicant. The Applicant was further directed to deposit a sum of Rs.2000/- for which the Applicant was furnished a receipt. The Applicant was further directed to attend the Court of Special Metropolitan Magistrate (Morning Court), Bhoiwada, Mumbai on 03.05.2011. Thereafter, the Applicant was allowed to go as per the directions of the officers of Respondent No.3.

3. It is stated that on 03.05.2011 the Applicant attended the Court of Special Metropolitan Magistrate, Dadar, Mumbai where number of persons were present. The Applicant's name was called out, but no documents were furnished to