Tihar to Tihar

Aftab was lodged in Tihar when he met Asif Reza Khan. Asif introduced Aftab to Omar Sheikh who had a profound effect. December, 1999: Government of India was forced to release Omar Sheikh in exchange for the safe return of IC 814. Aftab Ansari, soon after, was issued a Pakistan Passport [J872142, Safir Mohammad Rana]. […]

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Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015

Section 2(33), The Juvenile Justice (Care and Protection of Children) Act, 2015: “heinous offences” includes the offences for which the minimum punishment under The Indian Penal Code, 1860 or any other law for the time being in force is imprisonment for 7 years or more; xxx xxx xxx Learned Senior Counsel, Siddharth Luthra submitted that, […]

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Section 499, Indian Penal Code V

“What is the meaning to be attached to the words ‘making of an imputation’ and ‘publishing of an imputation’? This question has been set out with clarity in Mohd. Abdulla Khan v. Prakash K., (2018) 1 SCC 615. “The difference between ‘making’ of an imputation and ‘publishing’ the same is: If ‘X’ tells ‘Y’ that […]

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An Intoxicated Murder

“Nothing is on record to show that Suraj was ‘highly’ inebriated. It can safely be said Suraj was very much in the senses and was conscious of the fact that if kerosene is poured and match­ stick is lit and put on the body, a person might die due to burns. Kalu Ram v. State […]

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Being Salman Khan

It was claimed that ‘LoveRatri’ [Night of Love] hurts sentiments of Hindus and distorts the meaning of ‘NavRatri’ [Nine Nights], a sacred festival. After doing the needful, Salman Khan, on 18.09.2019, thus tweeted:Hon’ble Supreme Court of India, on 27.09.2018, having regard to the assertion that ‘LoveYatri’ [Journey of Love] has obtained certification from Central Board […]

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Cloned Copy of Electronic Record

“It is a well established position that when statutes are unambiguous, the Court must adopt plain and natural meaning irrespective of the consequences [Nelson Motis v. Union of India, (1992) 4 SCC 711]. On a bare reading of Section 207 of The Criminal Procedure Code, 1973 no other interpretation is possible. We hold that the […]

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Luck or Fate, Pradeep Sharma

The Class of 83 chronicles the adventures of Police Officer, Pradeep Sharma. S. Hussain Zaidi is an expert as regards investigative, crime and terror reporting. The present effort is excellent for the fact that it identifies innumerable characters, until now only enveloped in questionable memories. Excerpt follows. _____ In the late 1980s, there was only […]

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Gold Smuggler, Ashok Kumar Jalan

The Directorate of Revenue Intelligence, Kolkata Zonal Unit intercepted Anand on 09.06.2019 near Dankuni Toll Plaza, West Bengal, while he was travelling on a bus from Siliguri to Kolkata, carrying 8 kilograms of gold of foreign origin valued at Rs. 2.71 Crores. Anand stated he had been engaged by Ashok Kumar Jalan and Amit Jalan, […]

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The Da Lakhvi Code

Khaki Files chronicles the adventures of Police Officer, Neeraj Kumar. He joined the IPS in 1976 and retired as the Commissioner of Police, Delhi in 2013. The Government of India recognized his good work by awarding him the Police Medal for Meritorious Service in 1993 and the President’s Police Medal for Meritorious Service in 1999. Khaki Files comes […]

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238 Kilograms of Poppy Husk

It should be interesting to note that crushed capsules of poppy, ‘poppy husk’, even though isn’t ‘poppy straw’, bears the same meaning as ‘poppy straw’ under The NDPS Act. Baljinder Singh was driving a Qualis, PB-13-D-7000. Khushi Khan was sitting with the driver. The vehicle was searched, during which 7 bags of poppy husk, each […]

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Review of Death Penalty XV

“It must be noted that though it may be a relevant consideration in sentencing that the evidence in a given case is circumstantial in nature, there is no bar on the award of the Death Sentence in cases based upon such evidence [Swamy Shraddananda v. State of Karnataka, (2007) 12 SCC 288; Ramesh v. State […]

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Untouchability

The primary function of the Courts is to interpret and apply the laws according to the will of those who made them and not to transgress into the domain of policy-­making. It is not for the Court to pronounce policy. It cannot term a particular policy as fairer than the other. Courts must exercise restraint. “Untouchability […]

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223 Kilograms of Poppy Straw

Sahi Ram was driving a Tavera, RJ27-TC-0323. The vehicle was searched, during which 7 bags of poppy straw, the gross weight being 223 kilograms, were found behind the driver’s seat. Sahi Ram was convicted for offence punishable under Section 8 r/w Section 15 of The NDPS Act; sentenced to suffer rigorous imprisonment for 15 years […]

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The Perfect Murder

The incident occurred on 01.05.1997. Additional Sessions Judge, Ambala adjudicated with finality on 09.06.1998. High Court of Punjab and Haryana adjudicated with finality on 05.03.2008. It wasn’t ever final. Smt. Gargi [Wife] was charged with the imputation that she killed Tirloki Nath [Husband] by strangulation and hung the dead body, as if it were a […]

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The Nature of Judicial Power: Hon’ble Justice R. Banumathi

King-Emperor v. Khwaja Nazir Ahmad, AIR 1945 PC 18 has been quoted with approval, several times. The functions of the Judiciary and the Police are ‘complementary’ and not ‘overlapping’. They must be left to exercise their own function, subject to exceptions. Investigation into crimes is the prerogative of the Police and excepting in ‘rare cases’ […]

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