Latest news with #MumbaiPoliceAct


Time of India
4 days ago
- Politics
- Time of India
How many more deaths due to strays? HC slams cops, NMC over Kalamna child death
Nagpur: The Nagpur bench of Bombay high court on Monday came down hard on the city police and Nagpur Municipal Corporation (NMC) for "consistent inaction" on stray dog attacks, following the tragic death of a boy who fell from a sixth-floor balcony in Kalamna while fleeing from a stray dog. Tired of too many ads? go ad free now A visibly anguished division bench of Justices Anil Kilor and Manohar Nerlikar verbally asked pointedly, "How many times must we repeat ourselves?" while hearing a public interest litigation filed by activist Vijay Talewar. The PIL, filed in 2022, sought sustained action against the growing threat of stray dog attacks across Nagpur. Senior counsel Firdos Mirza, appearing for the petitioner, brought to the court's notice the recent fatal incident, in which the minor fell to his death, reported in the media. Mirza submitted that this was not an isolated case and warned that if authorities continued to ignore their legal duty, more lives would be lost. "Under the Mumbai Police Act, the police are duty-bound to prevent such public nuisances. But no concrete preventive mechanism seems to exist," he said. The court observed that its earlier directives dated October 20 and November 23, 2022, clearly laid out preventive actions, yet there was no evidence of implementation. The judges directed both the commissioner of police and the Nagpur Municipal Corporation (NMC) to file detailed affidavits on their compliance with previous court orders and list all actions taken to control the stray menace. Additional govt pleader Deepak Thakare represented the state while Ashwin Deshpande pleaded on behalf of intervenor Dhantoli Nagrik Mandal, and deputy solicitor general of India Nandesh Deshpande appeared for the central govt. Tired of too many ads? go ad free now The NMC was also asked to specifically report on the availability of anti-rabies vaccines. While Mirza pointed out an ongoing shortage in the city, counsel for the NMC, Sudhir Puranik, countered that vaccines were available. The court directed that this discrepancy be clarified through an affidavit. "It is expected that both the commissioner of police and the municipal commissioner shall file affidavits on or before July 23," the court stated, scheduling the next hearing for July 25. The PIL names 15 respondents, including the state govt, police, civic authorities, and animal welfare boards. The court's strong observations come amid growing public outrage over the city's stray dog problem. With several attacks reported in recent months and limited visible action on sterilisation or containment, the judiciary has now made it clear that further lapses will not be tolerated.


Time of India
21-05-2025
- Time of India
Man acquitted in arms case act after prosecution evidence falls apart in Maharashtra
Representative image MUMBAI: In a setback to the city crime branch, a local court acquitted a man arrested with a seizure of high-profile 16 country-made weapons possession case, citing procedural lapses and significant contradictions in the prosecution's evidence. The MRA Shaikh, Chief Judicial Magistrate, last week acquitted Manohar Jawahar Gupta (44), a resident of Kandivali who was caught with 16 country-made weapons in 2012. The court concluded that the prosecution failed to prove Gupta's guilt beyond reasonable doubt. The case stemmed from a February 2011 incident in which Gupta was arrested near Bhandup Railway Station. Acting on a tip-off, unit 7 of the Crime Branch team intercepted Gupta and allegedly found 16 country-made pistols ('Deshi Kattas') and 10 cartridges in his possession. The APP submitted that the prosecution examined a total of six witnesses and claimed to have proved that at the time of the incident, a promulgation order was in existence. Defence advocate Aftab Qureshi argued that there were several contradictions and omissions in the deposition of the prosecution witnesses. The prosecution did not possess a valid sanction order to prosecute, and the benefit of the doubt may be given. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Trade Bitcoin & Ethereum – No Wallet Needed! IC Markets Start Now Undo However, the court noted discrepancies in the officers' testimonies. Head Constable Ravindra Bhalerao (PW1) testified that the seizure occurred at the scene, while another officer claimed it happened at the police office. The colour of the bag carried by the accused was inconsistently described—black by some, blue in official documents. Furthermore, conflicting accounts emerged about who received the tip-off: PI Vinayak Vast or Sr. PI Sunil Kavalekar. A key issue in the acquittal was the invalidity of the sanction order required under Section 39 of the Arms Act. Deputy Commissioner of Police Sheela Sail admitted during cross-examination that she did not physically inspect the seized weapons or question officers involved in the seizure before granting the sanction. The court held that mere reliance on documents, without physical verification or thorough application of mind, rendered the sanction legally defective. 'The protection provided under Section 39 of the Arms Act is not a formality—it is a safeguard,' the court stated, adding that prosecution without a valid sanction is unsustainable. Additionally, the prosecution failed to prove the existence of a prohibitory order under Section 37(1) read with Section 135 of the Mumbai Police Act at the time of the incident (Exh.47). The court emphasised that a valid promulgation order was essential to support that charge. In light of the lapses—invalid sanction, unproven prohibitory order, and contradictions in witness testimonies—the magistrate ruled that the prosecution failed to establish its case.