New Delhi, June 27: Upholding the acquittal of an accused, the Supreme Court has ruled that mere recovery of a blood-stained weapon bearing the same blood group as that of the deceased would not be sufficient to prove the charge of murder.

A bench of Justices Sandeep Mehta and P.B. Varale was dealing with a criminal appeal filed by the Rajasthan government challenging a judgment of the Rajasthan High Court, which had acquitted the respondent-accused of the offence of murder.

In its impugned order, a division bench set aside the judgment passed by the Additional Sessions Judge in December 2008, which had convicted the respondent for the offence punishable under Section 302 of the Indian Penal Code, 1860 and sentenced him to undergo life imprisonment and pay a fine of Rs 100, and in default of payment of fine, to further undergo 3 months simple imprisonment.

During the trial, the respondent was charged with the murder of Chotu Lal, which took place on the intervening night of March 1 and 2, 2007.

Initially, an FIR was filed against unknown assailants, and at a later stage, the respondent was arraigned in the case on the basis of suspicion and circumstantial evidence.

The prosecution led circumstantial evidence in the form of motive, alleging the respondent was having an evil eye on the wife of the deceased; recovery of the weapon of offence and the FSL report indicating that the blood group on the weapon matched with the blood group of the deceased (B +ve).

Contrary to the findings of the trial court, the Rajasthan High Court opined that the prosecution could not prove the complete chain of circumstances required to bring home the guilt of the accused in the case, which was based entirely on circumstantial evidence, and proceeded to acquit the respondent.

Concurring with the view taken by the Rajasthan HC, the Justice Mehta-led Bench said: “We find that the incriminating circumstances relied upon by the prosecution, i.e., the motive and the recovery of the blood stained weapon, even taken in conjunction cannot constitute the complete chain of incriminating circumstances required to bring home the charges against the accused.”

“The High Court seems to have overlooked the FSL report, which fact was stressed upon by learned counsel for the appellant (state government). However, in our view, even if the FSL report is taken into account, then also, other than the fact that the weapon recovered at the instance of the accused tested positive for the same blood group as that of the deceased (B +ve), nothing much turns on the said report,” it added.

The apex court, relying upon a previous judgment of the apex court, opined that mere recovery of a blood-stained weapon even bearing the same blood group of the victim would not be sufficient to prove the charge of murder.

It discarded the theory of motive, saying the evidence in that regard seems to be very vague and vacillating.

The Justice Mehta-led Bench added that the law is well settled by a catena of apex court decisions that in an appeal against acquittal, interference can only be made if the only possible view based on the evidence points to the guilt of the accused and rules out his innocence.

Dismissing the appeal of the state government, the Supreme Court said: “In the present case, we are duly satisfied that the prosecution failed to lead clinching evidence to bring home the charges. The only possible view is the one taken by the High Court, i.e., the innocence of the accused.”

Kolkata, June 26: After four years, a prime absconding accused in the killing of a BJP worker, Abhijit Sarkar, in the 2021 post-poll violence was arrested by the Central Bureau of Investigation (CBI) on Thursday.

The arrested person was identified as Arun Dey, for whom the CBI had earlier announced a reward of Rs 50,000. He was one of the five main accused persons in the murder of Sarkar, a resident of the Kankurgachi area in North Kolkata, during the violence that broke out after the 2021 West Bengal Assembly election.

Sources said Dey was finally arrested on Thursday from a secret hideout in the North 24 Parganas district of West Bengal. However, further details on the matter are still awaited.

Four other prime accused persons in the case, namely Sukhdeo Podder a.k.a. Sukha, Gopal Das a.k.a. Vishal, Amit and Biswajit Das a.k.a. Bomba, are still absconding.

All five of them were identified as Trinamool Congress strongmen in the area and were also known as close confidants of the ruling party legislator from Belegahta Assembly constituency in North Kolkata, Paresh Paul and Trinamool Congress councillor in Kolkata Municipal Corporation (KMC), Swapan Samaddar.

Paul has already been questioned by the CBI sleuths in this connection. However, his name was not in the charge sheet filed by the CBI in the matter, which angered the family members of the slain BJP worker.

To recall, Abhijit Sarkar was killed on May 2, 2021, soon after the results of the 2021 Assembly elections were declared, where Trinamool Congress bagged a landslide victory.

The CBI took over the investigation from the Kolkata Police following an order of the Calcutta High Court. In September 2021, a trial court in Kolkata declared the five accused absconders.

Thereafter, CBI declared a reward of Rs 50,000 on each of them. Finally, after over four years, one of the five accused and absconding persons has been arrested by the CBI sleuths. He might be presented at a special court in Kolkata later in the day, and the CBI counsel is expected to seek his custody for further interrogation, sources said.

Chennai, June 26: Amid rising concerns over the quality and safety of homemade cosmetic products marketed extensively through social media, the Tamil Nadu Drug Control Department has launched a statewide crackdown on unlicensed manufacturers.

Acting on public complaints, the department has identified 66 units suspected of violating the Drugs and Cosmetics Act, 1940.

A senior official from the department confirmed that most of these units promote their products on social media platforms without obtaining the required manufacturing licences.

“We have begun block-level inspections based on instructions from the Director of Drugs Control, P.U. Karthigeyan. If violations are found, we will initiate legal action under Section 18(c) of the Act,” the official said.

The crackdown comes in response to increasing reports of substandard products flooding the market. A total of 38 types of personal care and cosmetic items fall under regulatory purview, including skin and tooth powders, toothpaste, creams, shampoos, hair oils, nail polish, kajal, henna, sindoor, cold wax, face packs, and toilet soaps.

Currently, Tamil Nadu has 340 licensed cosmetic manufacturers, with 37 operating in the Coimbatore region. The department has intensified inspections of these units, especially those actively promoting products on social media.

Two units in Coimbatore were already found violating promotional norms. Officials noted that while some units flout the law knowingly, others lack awareness of the licensing process.

“We advise such small-scale manufacturers to apply for a licence instead of facing legal action,” an official added.

To manufacture cosmetic products legally for commercial purposes, entrepreneurs must apply for a COS-8 licence through an offline process to the Director of Drug Control in Chennai.

The application fee is Rs 10,000 for up to 10 products, and the licence is valid for a lifetime, subject to a renewal fee of Rs 10,000 every five years. Approval is based on a self-declaration of compliance with Good Manufacturing Practices (GMP), followed by a field inspection by drug control officials.

Cosmetic products must also meet standards prescribed by the Bureau of Indian Standards (BIS) and comply with the 7th Schedule of the Cosmetics Rules, 2020, which outlines guidelines for manufacturing premises, equipment, and hygiene protocols.

Following the recent inspections, major e-commerce platforms have begun demanding licences from sellers. In response, many small-scale manufacturers have removed contact details to evade scrutiny. However, officials stress that genuine businesses can operate legally by following the proper procedures and obtaining the necessary clearances.