A diamond trader has filed a complaint with the Mumbai police cyber cell, claiming he lost shares worth Rs 59.66 lakh to an online fraud while trying to sell 150 shares he held with a company. The 35-year-old claimed that he holds a Demat account (digital repository that holds stocks and bonds in electronic form) with Angel One and owned 150 shares in addition to other shares, amounting to Rs 59.66 lakh. The man said he received a call on August 13 while he was trying to initiate the exit process with Angel One and shared his personal details with the caller. “I trusted him because I had spoken with Angel One’s customer care earlier that same day. Believing the call to be genuine, I agreed to share my PAN card and Aadhaar card details and also gave the OTP," he said in his complaint. According to the complaint filed with the police, on August 15, he received login details and an OTP regarding an offline transfer beneficiary from the Central Depository Services Limited (CDSL), and thinking that it was legitimate, he clicked on the link and entered the OTP. The next day, he discovered that all his shares, apart from the 150 he was trying to sell, worth Rs 59.66 lakh, had been transferred to another Demat account. The specific value of the 150 shares he sought to sell is not mentioned in the first information report. The complainant claimed that he later received calls from Angel One, assuring him that the shares would be credited back to his own Demat account. However, that did not happen and on September 22, he decided to file an official complaint with the cyber police.
27 September,2024 09:24 AM IST | Mumbai | Faizan KhanThe family of an Indian serving 25 years in a Sharjah jail on drugs charges has expressed shock after the Bombay High Court granted bail to the person who allegedly planted the drugs on him. Anthony Paul, a baker, and his associate Rajesh Bhobate, a banker, were granted bail in a case involving actress Chrisann Pereira, who was also arrested in Sharjah on drugs charges. The accused allegedly planted drugs in a trophy, leading to Pereira’s arrest. She was released following the intervention of the External Affairs Ministry. Clayton Rodrigues was also a victim of Paul, and was similarly framed in connection with a cake. He was convicted in Sharjah and sentenced to 25 years in prison. Family speaks The family expressed dismay over the bail granted to the accused. They also criticised the government and the MEA for not responding to their pleas or offering a hearing for over a year. “We respect the judiciary but a large community is devastated and disheartened by the Bombay High Court’s decision to grant bail to the accused, baker Anthony Paul, and his accomplice Rajesh Bhobate. Because of these criminals, an innocent man, Clayton Rodrigues, is enduring persecution in a foreign country for a crime he never committed,” said Clayton’s wife, Falyn Rodrigues. Malcom, Clayton Rodrigues’s brother, said, “The accused were granted bail on the grounds of possessing a small quantity of drugs, yet that same small quantity has cost Clayton his life, and he has been sentenced to 25 years.” Clayton’s wife, Falyn, further raised concerns, asking whether the government stands with the victims or the criminals. She emphasised the immense emotional and financial strain the family has endured, receiving no support from anyone except God. Falyn had previously written to the Ministry of External Affairs (MEA), detailing the family’s struggle against the unjust exploitation by the criminals and their daily battle with mental and physical trauma. She said, “If the government can release the accused, why can’t it strive to bring an innocent victim back to his motherland?” Chrisann’s case Another victim of the drug-planting scheme, actor Chrisann Pereira, managed to return to India in August with the assistance of the Ministry of External Affairs (MEA). The Rodrigues family has appealed to a higher court in Abu Dhabi after the Sharjah Federal Court of Appeal denied Clayton any relief. The case is currently pending, according to Clayton’s family. Clayton Rodrigues was arrested at Sharjah International Airport on February 6, 2023, with 33.84 grams of cannabis and over 1,000 poppy seeds hidden inside a cake in his possession. He denied any knowledge of the contraband, claiming that someone at the airport in India had handed him the items to deliver to another person upon his arrival in Sharjah. “Deeply disappointed that the culprits have been let out on bail while Clayton has been sentenced to a lifetime in Sharjah jail. I want the police and other authorities to assure our security until the culprits are back in jail,” said Chrisann Pereira. Paul’s arrest The Mumbai Police Crime Branch arrested Paul, a Mira Road-based baker, and his accomplice, Ravi Bhobate, in April after it was discovered that Paul had sought revenge on five individuals, including Pereira and Rodrigues, by sending them to Sharjah with drug-laced items. The other three victims, however, did not travel abroad and returned from the domestic airport in India after becoming suspicious. ‘Quantity too less’ On Wednesday, Justice Manish Pitale, who presided over the case, granted bail after noting that the quantity of drugs involved—500 grams of ganja—was relatively small, and the charge sheet had already been filed. The court observed that the accused had been in custody for over 17 months, and given the quantity of contraband, continued detention was unnecessary. The defence advocate Sangram Jadhav who appeared for Bhobhate and advocate Aruna Pai appeared for Pai have argued that since the case involved a small quantity of drugs, it should be tried in a Metropolitan Magistrate’s court rather than a Sessions Court. They pointed out that both accused had already been in custody for a significant period. “The court granted bail as the accused have been in jail for over a year in a case involving a small quantity of drugs,” said Advocate Jadhav while speaking with mid-day.
27 September,2024 08:05 AM IST | Mumbai | Faizan KhanAkshay Shinde’s family has written to both the Union and state home ministers expressing concern for their safety and that of their advocate. They claim to have received threats since filing a Public Interest Litigation (PIL) in the high court, which has left them feeling unsafe. The family has also approached the Badlapur police for assistance in securing a burial space for Akshay’s body, as he had expressed a wish not to be cremated. Akshay was allegedly killed in a police encounter. Advocate Amit Katarnavare, representing Akshay Shinde, confirmed these details, stating, “It was the wish of Akshay Shinde to be buried, and we informed the court accordingly to find space and fulfil this request.” mid-day obtained a copy of the letter written by Akshay’s father, Anna Maruti Shinde, which was submitted on September 26 to the Home Minister Amit Shah, Maharashtra’s Home Minister Devendra Fadnavis, Maharashtra’s Director General of Police Rashmi Shukla, and the commissioners of police in Thane and Navi Mumbai. In his letter, Anna Shinde wrote, “My son, Akshay Anna Shinde, was killed in a fake encounter by the police for political gain. A criminal writ petition (no. 4107/2024) is pending in court. Before and after filing the petition, my family and I have received threats. Additionally, our lawyer, Advocate Amit Katarnavare, has faced threats, with some individuals on social media even suggesting harm to his daughter.” He further highlighted that Katarnavare had been assaulted in 2017 after representing Shahaji Sonawane in a separate case. Despite cases being registered, the accused were not arrested, and Katarnavare continues to face threats. Shinde also mentioned that Katarnavare had informed the Central Home Department and Navi Mumbai Police of these threats via email. Anna Shinde added, “My lawyer and my family face greater threats from political and mafia elements than Kirit Somaiya. I humbly request the same level of protection provided to Somaiya.” Sources suggest that in cases like Akshay’s, burial is preferable, as it allows for easier exhumation if further evidence is needed. A senior police officer from Thane Police confirmed that the investigation is being conducted by the State CID, and that the body is still with them. The local civic authorities are responsible for arranging the burial space, while the police will provide security for the last rites. Anna Shinde also submitted a letter to the Mumbra Police, requesting a case be filed against the officers involved in Akshay’s alleged encounter killing. The family has approached the high court, seeking an FIR. A senior police official confirmed the letter was forwarded to the deputy commissioner of police and subsequently transferred to the State CID for investigation.
27 September,2024 08:00 AM IST | Mumbai | Faisal TandelThe Bombay High Court, recently, granted pre-arrest bail to an accused, a businessman allegedly involved in a financial fraud case of Rs 25 lakh. A case was registered at Khadakpada Police Station in Thane district of Maharashtra under sections 420 and 406 of the Indian Penal Code (IPC) and Sections 3 and 4 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999, against the 33-year-old businessman identified as Prashant Bhoir. According to the FIR, co-accused Pooja and Vishant, operating under the business name M/s Sai Advisory and Investments, allegedly deceived the informant by enticing them to invest Rs 25 lakhs with a promise of a 10 per cent return. However, the accused failed to fulfill their financial obligations. The applicant was accused of facilitating the introduction between the informant and the co-accused, his lawyer stated. The applicant’s lawyer, Advocate Sunil Pandey, argued that his client had been wrongly implicated in the matter, emphasizing that the applicant had no financial stake in the fraudulent transactions. Sunil Pandey further pointed out that the co-accused had already been granted bail and that the charge sheet had been filed, indicating that the investigation was nearly complete. He assured the court that the applicant was willing to comply with any conditions imposed by the court. On the other hand, the Additional Public Prosecutor, Supriya Kak, and the victim’s lawyer, Jayendra Khairnar, opposed the bail application, arguing that the applicant had conspired with the co-accused to defraud the informant and other investors. They expressed concerns that the applicant might tamper with evidence or influence witnesses if granted bail. After reviewing the case, the court noted that the applicant was not directly named in the FIR, and the primary allegations were against the co-accused, who had already been released on bail. The court found no direct evidence connecting the applicant to the fraudulent activities and determined that the investigation was nearly complete, with no further recovery required from the applicant. In light of these findings, the court granted the applicant pre-arrest bail under the following conditions: In the event of arrest, the applicant will be released on bail upon furnishing a personal recognizance (PR) bond of Rs 25,000 and one or more sureties of the same amount. The applicant shall attend the concerned police station as and when required and the applicant, himself or through any other person, shall not tamper with the evidence or influence the witnesses
26 September,2024 07:54 PM IST | Mumbai | Faizan KhanMumbai Police has launched investigations after the Haji Ali Dargah in Mumbai received a bomb threat call, an official said on Thursday. According to the police, the call was received on the Haji Ali Dargah Trust’s office phone number at around 5 pm on Wednesday evening and the caller informed that a bomb had been planted at Haji Ali Dargah. He demanded the immediate evacuation of the premises. "The accused identified himself as one Pawan on the call, using abusive language and making controversial statements about the dargah," said an official. Based on the complaint lodged by the administrative officer of Haji Ali Dargah, a case has been filed against the caller at Tardeo Police Station under sections 351(2), 352, 353(2), and 353(3) of the BNS, the police said. The Tardeo Police in Mumbai are conducting further investigations into the matter.
26 September,2024 06:36 PM IST | Mumbai | Faizan KhanA private tutor in Goregaon has been booked by the police for allegedly beating a 10th-grade student with a cane out of frustration over incorrect answers to science questions. The Goregaon police have registered a case under Section 118(1) of the BNS and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2015, following the complaint. The complainant, a fruit vendor, reported that his son attends private tutoring at a location in Motilal Nagar, Goregaon. Two days ago, during a regular session, the incident occurred. The complainant’s nephew informed him that his son was crying after being beaten by the tutor for not studying. Upon receiving the news, the complainant rushed to the tuition center and found his son in tears. When asked, the boy revealed that the tutor had hit him with a cane because he couldn’t answer certain science questions. The beating caused injuries to the boy’s hand and neck. When the complainant confronted the tutor, the teacher allegedly responded rudely. The complainant then approached the Goregaon police station, where a case was promptly registered against the tutor. Further investigation is currently underway.
26 September,2024 03:40 PM IST | Mumbai | Samiullah KhanCyber fraudsters, using AI tools to impersonate UK police officers, duped a businessman from Dahisar out of Rs 60,000. The scammers threatened to arrest his son in a fabricated rape case and subsequently offered to hush up the matter in exchange for the money. Fearing for his son's safety, the victim quickly arranged the money despite having no funds in his bank account. He transferred Rs 60,000 through Western Union Money Transfer to an account at Punjab National Bank. The fraudsters continued to demand more money. Realising he had been scammed, the businessman rushed to the local police station and reported the incident to the duty officer. Following instructions from senior officers, the police notified the cyber department, which swiftly froze the fraudsters' bank accounts. Although the money had already reached the account, the prompt action taken by the police ensured that the scammers were unable to withdraw or transfer the funds. Complainant Praveen Patel resides in Dahisar with his family. His 28-year-old son works in London. Patel, who runs a tile business in Dahisar, received a WhatsApp call from an unknown international number at around 10 AM today. The caller inquired about his son, and when Patel mentioned that his son was in London, the caller introduced himself as a London police officer. He claimed that the London police had arrested four individuals in connection with a rape case and that the accused had mentioned Patel's son, who was now allegedly in police custody. Terrified, Patel asked to speak with his son, but the caller refused. Instead, the caller demanded Rs 60,000 to settle the matter. When Patel agreed to pay, the caller provided a bank account and instructed him to transfer the money. Speaking with mid-day Patel says, “I went to a money transfer centre and initially sent Rs 5,000. However, the caller continued to ask for more money and subsequently transferred Rs 20,000. In total, over five transactions, I transferred Rs 60,000 to the provided account, fearing for my son’s safety." Finally, the caller allowed me to speak with someone he sounded exactly like my son, he was crying and speaking in Hindi, pleading for the money. When I asked to speak in Gujarati, the call was abruptly disconnected. "Growing suspicious, I ignored the next dozen calls from the caller. I suddenly realized it was nighttime in London and my son would likely fall asleep. I asked my daughter to call my son's number, and when she did, my son's phone rang, confirming that he was indeed sleeping," he said. The caller reached out again, I questioned why the "London police" officer was speaking Hindi. The caller responded by claiming that my son had informed them that his father did not understand English, so they had sought assistance from Indian police to communicate in Hindi, he added. While my son was not picking up the phone, the scammers continued to demand more money. They asked for Rs1.5 lakh but eventually talked about settling the matter for Rs 75,000. While still on the phone with them, I went to Dahisar Police Station and handed the phone to the duty officer, PSI Swapnil Shinde talked to the caller and asked him to speak with a London police officer, but the caller immediately disconnected the call, he said. He promptly informed the cyber cell officer, and Constable Shrikant Deshpande made some inquiries, confirming that the account to which I had transferred the money had been frozen. "It was at that moment I realized that I had been a victim of cyber fraud. I urge others to verify the authenticity of such calls before taking any action. You could be at risk of falling prey to cyber fraud.” Peaking with mid-day PSI Swapnil Patil said, had spoken to the complaint son he is fine and fit the call was made by the cyber fraud using such tactics for duping people. Spread cyber awareness during the Ganpati festival by putting up cyber awareness banners at various Pandal. On the instructions of senior officials, we continuously arrange cyber awareness programs and also urge people to stay alert through news said senior inspector Ashok Honmane Dahisar police station.
26 September,2024 02:40 PM IST | Mumbai | Samiullah KhanI have been serving in the Maharashtra Police Force since 1992. Since September 3, this year, I have been working as a senior police inspector with the Central Crime Branch, Thane City. I am part of the special team established by the Thane City police commissioner to investigate the case filed by the wife of Akshay Shinde at Badlapur East police station, and I am the investigating officer in this case. The accused, Akshay Shinde, who was arrested in connection with the case of sexual assault of two minors registered at Badlapur East police station, was held at Taloja Central Jail. A warrant for his arrest was issued by the District and Additional Night Court, Kalyan, on September 20. On Monday, September 23, I, along with Investigation Officer API Nilesh More from the Anti-Narcotics Squad, Thane City, Constable Abhijit More, and Constable Harish Tawde departed for Taloja jail at 2 pm, after making an entry into the Thane Central Crime Branch diary. We travelled in a government vehicle. API Nilesh More and I carried our service pistols. At the time, I had loaded my pistol with five bullets. After completing legal formalities around 5.30 pm on Monday, we took custody of Akshay Shinde from Taloja jail and began our journey back to the Crime Branch, Thane City, in the police van. I was seated in the front next to the driver, while API Nilesh More and two constables were seated in the back with the accused. As the vehicle neared Shil Diaghar police station, API Nilesh More called me on the mobile phone and informed me that Akshay Shinde was asking ‘Where are you taking me again? What have I done now?’ He said Shinde was angry and using abusive language. I told the driver to stop the vehicle and moved to the back to sit with the accused, intending to calm him down. At that time, API More and Constable Abhijit More were sitting in front of us, with accused Shinde seated in between. When we reached the Mumbra Bypass Road near the foothills of Mumbra Devi around 6.15 pm, the accused Shinde suddenly tried to snatch API More’s pistol from his waist. Despite attempts to stop him, Shinde continued to pull the pistol and shout, ‘Let me go!’ The pistol got loaded in the scuffle, and one bullet hit API More in the left thigh, causing him to fall. At that moment, the accused took full control of API More’s pistol and, in a fit of rage, screamed at us, ‘Now I won’t let anyone live!’ He pointed the gun at me and Constable Harish Tawde fired two shots with the intent to kill. Fortunately, the bullets missed us. Shinde was then restrained, and I instructed the driver to take the vehicle to Chhatrapati Shivaji Maharaj Hospital in Kalwa, where both Shinde and API More were admitted for treatment. After surgery, API More and I were shifted to Jupiter Hospital in Thane for further treatment. I later learned that Shinde had died before being admitted to the hospital. Illustrations/Uday Mohite
26 September,2024 01:07 PM IST | Mumbai | Faizan Khan
Be it a celebrity or a local neighbourhood youth, the person may have procured the drugs for his or her consumption from a peddler, who may have a supplier and the chain of supply needs to be dismantled, says a senior Narcotics Control Bureau (NCB) official while explaining the change in strategy to curb drugs trafficking in Mumbai. After studying past narcotics cases in debt, the NCB officials have been busting inter-state drug rackets to 'break-the-chain' drug supply in the city, the official said. He said that to combat drug trafficking, the NCB has introduced a systematic strategy aimed at dismantling drug networks across various regions in the country. This comprehensive approach focuses on identifying and addressing specific drugs prevalent in different areas of Mumbai and parts of the country that are said to be the origin of narcotics. The official explained, that the areas in Mumbai are vast and the details of the drug peddling need to be understood to get to the bottom of the supply chains. In some areas, Meow Meow or MD is popular whereas in some areas the supply of chemical-based drugs is more. Notable chemical-based drugs include Codeine-based cough syrup (CBCS), tablets, MDMA and cocaine whereas popular supply of drugs also includes weed or cannabis. In the case of cocaine and MDMA, the origin could be from a foreign country whereas MD may have been prepared in a lab hidden from normal public eyesight or under the guise of some material preparation unit. However, weed or cannabis is produced in certain regions from where it is later smuggled to different places, officials said, adding that if the origin itself is dismantled then the supply chain is automatically destroyed. Recent operations have seen law enforcement agencies successfully cracking the entire drug network and the authorities have gone deeper into the cases rather than just nabbing a peddler of drugs and closing the case. An official said that the current focus is on targeting syndicates from the bottom up, with plans to extend the crackdown beyond Mumbai. The strategy involves making water-tight cases, property seizures and also recovery of drug money while investigating the accused's financial transactions related to drug trafficking. "Property seizures of the accused is one of the remedies under the provisions of law which the NCB is enforcing in major drug cases to break the drug syndicates in the country," said NCB zonal director Amit Ghawate. The officials apart from drugs also investigate the money trail and recover and seize the cash involved in the sale and purchase of drugs. The NCB officials have been focusing on the origin of the drugs. In a recent case in July this year, consequent upon the active intelligence and diligent efforts to crack down on the misuse of CBCS in Mumbai, the NCB Mumbai had mounted surveillance near the Ulhasnagar area in the Thane district of Maharashtra. Reportedly the involved interstate traffickers were allegedly using different transport services for illegal trafficking of CBCS by misdeclaring the transported goods. Extensive efforts led to the interception of three traffickers and the recovery of illegally diverted 3000 CBCS bottles (300 kg) worth Rs 15 lakh. The investigations after the seizure of the CBCS consignment led to the conclusion that it was sourced from Lucknow in Uttar Pradesh and the three traffickers were intercepted while receiving contraband parcels from transport Services in Ulhasnagar, an official said. They ordered CBCS bottles for illegal distribution in the Mumbai area which were alleged to be used as an alternative for narcotics substances by consumers. The investigations further revealed that the suspects have criminal backgrounds and further investigations into the matter are on. "Almost all states now have specialised NCB zonal units dedicated to tackling drug trafficking, emphasising the importance of coordination among agencies. These units are equipped with advanced software and tools to aid in their operations. The NCB is spearheading these collaborative efforts when it comes to inter-state drug busts," Ghawate added. The strategic campaign aims to not only disrupt the activities of individual peddlers but also to dismantle the larger networks facilitating drug distribution, working towards a safer and drug-free society for which major steps including destroying the seized drugs are one of them, he said. In one such recent operation, the Mumbai zonal unit of the NCB disposed of about 982.100 kgs of drugs which were seized by the national nodal drug law enforcement agency. The drugs were seized in various cases wherein numerous offenders including foreign nationals were arrested during the investigation. A Regular Drug Disposal Committee (RDDC) was constituted by the guidelines after which the cases were reviewed and only fit cases were selected for disposal accordingly, all legal terms were complied after which the seized drugs were finally disposed of through incineration on September 12 at Mumbai Waste Management Ltd. in Taloja area of Navi Mumbai in Maharashtra. Among the disposal conducted on September 12, 20 kgs of Mephedrone seized from Dongri Mumbai in June 2023 was also disposed of wherein multiple accused persons having criminal antecedents including kingpin, financer, and key associates were arrested and multi-crore assets were seized, an official said. The disposed of drugs include Cannabis or Ganja, Mephedrone, Ephedrine, CBCS, Nitrazepam tablets, Heroin, Cocaine, MDMA, Ecstasy, Methamphetamine, Charas, Opium, Zolpidem, Alprazolam and Tramadol weighing about 982.100 kg. These were seized from multiple international as well interstate drug syndicates wherein numerous persons including foreign nationals were arrested, said an official. The official added that NCB has been robustly engaged towards ensuring a drug-free society in the directive of which it has clamped down the inter-state as well as international drug syndicates by curbing drug trafficking, bursting the financial linkages.
26 September,2024 10:52 AM IST | Mumbai | Asif RizviThe new Bharatiya Nagarik Suraksha Sanhita (BNSS) mandates a forensic investigation and videography of the entire process at the crime scene for all offences that carry a punishment of seven years or more, as stated in clause (3) of Section 176. However, there is concern that the crime scene involving the police van in the Akshay Shinde shootout case may have been disturbed. This has raised alarm among forensic experts and advocates who are closely monitoring the case. The apprehension stems from the fact that the police van, where the shootout occurred, was not parked at the crime scene itself. Had it been, forensic investigators could have conducted a detailed analysis and collected crucial ballistic evidence without interference. Nisha Menon, forensic expert and consultant Interestingly, a forensic team was seen inspecting the police van, which was parked at the Thane police ground on Tuesday. After the inspection, the van was relocated to a makeshift pandal nearby. Apprehension Confirming these concerns, B B Daundakar, former director of the State Forensic Science Laboratory in Kalina, said, “After the shootout, it would have been advisable for the police to stop and park their vehicle without moving it and to protect the crime scene for forensic investigation at the crime spot (Mumbra Bypass). The police could have immediately contacted the control room to report the shootout and requested emergency backup, including an ambulance for the injured and alert the forensic team for crime spot / scene investigation.” Crucial forensic leads Daundakar explained that if the police van had been preserved at the crime scene, it would have helped forensic experts find crucial evidence like bullets and empty cartridges, thereby identify the weapon used in the shootout. “The firing could have left blackening around the entry and exit points, and the gunshot residue could have been matched with the handwash of the deceased and the police inspector,” Daundakar noted. Daundakar also highlighted that skin wash around the wound from API Nilesh More's thigh may have contained gunshot residue, aiding in identifying if the wound was due to gunshot or otherwise. Daundakar added, “Blood, hair samples, and other forensic materials could have been thoroughly examined inside the van. The entire vehicle should have been photographed, and a comprehensive crime scene report prepared.” ‘Disturbed crime scene’ “The fact that the police vehicle has been moved from the crime scene to other locations not only disturbs crime scene management but also complicates the collection of crucial evidence. The forensic team will find it challenging to corroborate and recreate the shootout incident with scientific and ballistic evidence,” Daundakar noted. ‘Reconstructing events’ “As a forensic expert, I emphasise the critical role of crime scene investigation, especially when the crime scene is a moving vehicle. A thorough investigation is essential for preserving vital evidence, which is necessary for reconstructing events, identifying suspects, and securing convictions, especially in cases of gunshot deaths occurring in a moving vehicle,” said Nisha Menon, a forensic expert and consultant. Compromised investigation “Relocating the vehicle from the actual crime scene can significantly compromise the investigation. The major disadvantages include the loss of contextual evidence, such as tyre tracks, skid marks, fluid spills, and other vital signs that could be destroyed. Additionally, contamination occurs when debris, DNA, or fingerprints are transferred from the original scene to another location due to the movement of individuals inside the vehicle or when outside persons or objects enter the vehicle,” Nisha explained. Forensic challenges Altering the vehicle's position complicates the investigation by disrupting evidence relationships, making it hard to recreate the original scene. “Relocating the vehicle poses significant challenges in reconstructing events, reducing credibility in court and weakening the prosecution's case,” Nisha noted. Contaminated or mishandled evidence can be deemed inadmissible, delaying prosecutions and increasing the risk of wrongful convictions. “Preserving the original crime scene is crucial for successful investigations and prosecutions,” she emphasised. Legal perspective ‘Innocent until proven guilty’ The recent police encounter at Badlapur was celebrated by the public with sweets and garlands. However, Advocate Mohini Priya warned that encouraging such encounters could lead to more killings. “When police act as the judiciary, it undermines checks and balances and risks innocent lives,” she stated, referencing the Supreme Court's classification of police encounters as state-sponsored terrorism in Om Prakash v State of Jharkhand. Detrimental retributive justice On retributive justice, she explained, “While it seems like 'speedy justice,' it risks establishing an iron-fist rule detrimental to democracy.” She noted that India is bound by international treaties ensuring the right to a fair trial and that the right to life is enshrined in Article 21 of the Constitution, stressing that police encounters must be thoroughly investigated. Lack of accountability The Badlapur incident raised alarms as police moved the van involved in the shooting, suggesting potential evidence tampering. “This shows a lack of accountability,” Mohini said, emphasising that self-defence should not justify routine encounters. The Supreme Court, in People's Union for Civil Liberties v. State of Maharashtra, has approved a set of guidelines to be followed in all cases of police encounters. She called for restoring public trust in the judicial system and focusing on reformative justice rather than encounters as a solution to crime. TuesdayDay forensic team was inspecting the van
26 September,2024 09:40 AM IST | Mumbai | Vinod Kumar Menon
The Worli police have not yet applied charges of drunken driving against Mihir Shah, the accused in the Worli hit-and-run case, despite having sufficient “circumstantial evidence.” The victim’s family claims they have lost trust in the police, citing multiple investigative gaps, and are demanding that murder charges be added. They allege that Kaveri Nakhwa was deliberately run over by Rajrishi Bidawat, who was driving Shah’s car. Previously, the Worli police were criticised by the Bombay High Court for not providing a written justification for the arrest of the accused. These technical oversights could obstruct the case,” said Pradeep Nakhwa, Kaveri’s husband. The BMW car that was involved in the hit-and-run. Pic/Shadab Khan Initially, the Worli police had stated that the case was being fast-tracked due to its severity. However, they have not clarified when the relevant charges will be added or when the charge sheet will be submitted to the Sewree Magistrate Court. “We are completely in the dark about the procedure, and they are not cooperating with us. We don’t know when they will file the charge sheet,” Pradeep added. Advocate Ravi Jadhav, representing the victim’s family said, “The police have added Section 105, which is culpable homicide not amounting to murder, but we want Section 103, which is murder, as well as the charges for drink and driving to be included,” he said. “At the time of the incident, the police said they had CCTV footage showing Bidawat running over my wife, so they should add the murder charge. Despite claiming to have circumstantial evidence, they have not added the drinking and driving charges. We have received no updates on the investigation and, due to these loopholes, we have lost faith in the police. We just want justice,” Nakhwa added. Earlier, the police had claimed they had evidence showing Shah was intoxicated during the incident, including receipts and beer cans. “We have CCTV footage and receipts to prove he was drunk, along with four empty beer cans,” the police had stated. However, Shah’s blood tests came back negative, as he was arrested 48 hours after the incident. Talking to mid-day, DCP Zone 3 Krishnakant Updadhay said, “As of now, no new sections have been added to the FIR. We are still investigating the matter.” According to the police, these charges could still be included in the charge sheet. “We can add sections in the charge sheet based on the investigation,” a source told mid-day.
26 September,2024 07:04 AM IST | Mumbai | Apoorva AgasheADVERTISEMENT
