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Bombay HC: No evidence of conspiracy, common intent against Aryan Khan

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The Bombay High Court has ruled that there was “no prima facie evidence” against Aryan Khan and co-accused Munmun Dhamecha and Arbaaz Merchant for charges pertaining to ‘conspiracy’ and ‘common intent’ in the case lodged against after the cruise ship raids.

Delivering the detailed 14-page order, Justice Nitin Sambre said that considering the material brought on record by the NCB, the court has not found that prima facie, there was no positive evidence against the accused trio.

It may be recalled that Khan, Dhamecha and Merchant were granted conditional bail by the high court on October 28 vide a speaking order and the detailed order was made available only today.

Justice Sambre further said that the NCB claim on the common intention to commit an offence under the NDPS Act, (accused) found to be in possession of commercial quantity of drugs and hatching conspiracy is “liable to be rejected”.

The court said that merely because the accused trio was travelling on the cruise cannot be grounds to invoke the offence under Section 29 (criminal conspiracy) against them.

“This court is required to be sensitive to the fact that there has to be presence of basic material in the form of evidence so as to substantiate the case of conspiracy against the applicants (accused),” Justice Sambre noted.

He further said that no drugs were found on Khan, while the quantity recovered from Dhamecha and Merchant were ‘small’ under the NDPS Act

Under such circumstances, in order to invoke the offence of conspiracy against the accused, there has to be positive evidence about an agreement to do an unlawful act, or to do lawful act by unlawful means, and such agreement must precede with meeting of minds, but there is no such material in this case, said the court.

Even the WhatsApp chats of Aryan Khan, or all the three accused had nothing objectionable or suggesting a conspiracy with the other accused in a meeting of minds to hatch a conspiracy and commit offences under the NDPS Act.

Justice Sambre said that the probe till date suggested that the accused trio were travelling independently and there was no ‘meeting of minds’ on the issue, as contended by the NCB.

Accordingly, since there was no offence of conspiracy, the rigours of NDPS Act Section 37 on grant of bail would not apply here, the court said, granting bail to Khan, Dhamecha and Merchant last month.

Crime

Mira-Bhayandar: Police Busts Illicit Liquor Brewing Den In Nallasopara

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Mira Bhayandar: Further tightening their screws against illicit liquor mafia ahead of the assembly elections scheduled to be held on 20, November, the Mira Road-based central crime branch unit attached to the Mira Bhayandar-Vasai (MBVV) police busted yet another massive illicit liquor brewing unit which was operating from a hillock in a dense jungle area in Nallasopara on Thursday.

Acting on a tip-off, a team led by assistant police inspector- Dattatray Sarak marched 2-kilometre-deep inside the jungle area located in the Dhaniv Baug area of Nallasopara (east) at around 8 am.

The team seized multiple barrels of hooch along with ingredients including 2,800 litres of fermented jaggery wash, 140 litres of liquor, chemicals and other manufacturing equipment collectively worth more than Rs. 1.42 lakh.

However, the den operator identified as- Prabhakar Bhoye and his employees managed to evade the police dragnet. The entire material and equipment were destroyed on the spot.

An offence under the relevant sections of the Maharashtra Prohibition Act-1949 for construction/works of any distillery or brewery and manufacturing intoxicants has been registered in this context at the Pelhar police station.

The consumption of illicit liquor which is unscientifically manufactured by using toxic chemicals like methanol and rectified spirit can cause deaths and other serious ailments including loss of eyesight. Further investigations were underway.

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Crime

Wildlife Smuggling Racket Busted: Rare Snakes, Reptiles, Caged Orangutan Rescued From Dombivli House

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Thane: In a significant operation exposing a wildlife smuggling racket, the Forest Officials rescued rare species of animals from a highrise in Dombivli. The officials raided an apartment in Palava City, Dombivli and found exotic animals including lizard, turtles, rare species snakes and other reptiles stored in the flat. Horrifying enough, the team found a monkey caged in the washroom of the apartment.

It was later confirmed that the rescued animals included Ignuana (lizard), an Orangutan and python. The operation was conducted by the Forest Range Officers from Thane and Kalyan along with a team from Manpada Police Station after a tip.

The officials did not find any accused present in the apartment at the time of the raid. A case under the Wildlife Protection Act 1972 has been registered and a search for the accused is underway. Meanwhile, the seized species are handed over to a local NGO on a temporary basis for observation.

The video of the forest officials raid surfaced on the internet shows a boy opening the door of the well-kept apartment. After entering the flat, the officials gradually come across wildlife species stores in small cage, plastic boxes piled up in the passage and shocking enough an Orangutan in washroom at the end of the apartment.

As per the statement issued by the police, the teams raided the 8th floor apartment in B wing of Savarna Building in Palava City, Dombivli. In the action, the exotic animals seized as prima facie identified as python, ignuana (lizard), turtle, snake etc. The seized wildlife species, on temporary basis, are handed over to Birsa Munda- a local NGO. The pachanama, documentation and search for the accused is underway, it added.

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Crime

Mumbai: Unidentified Body Of Man Chopped Into 7 Pieces Stuffed In Plastic Boxes Found Near Gorai Beach; Probe On

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Mumbai: The dismembered body of a man, estimated to be between 25 and 40 years old, was discovered in several plastic boxes on the side road which goes to Gorai Beach in Mumbai on Sunday.

Upon receiving the information, police arrived at the scene and took the body into custody. It was later sent for a post-mortem examination. The body has not yet been identified, and a case has been registered.

According to police, on Sunday, a male body was found near Picxy Hotel, Babar Pada, Gorai, Borivali West. The body was cut into seven parts and packed in four plastic boxes. The deceased, believed to be between 25 and 40 years old, was wearing dark blue jeans and black shoes. His right hand bore tattoos.

A resident named Santosh Shinde, 55, from Mira Road, informed the Gorai police after learning about the incident. The Gorai police recovered the body from Shefali village in the Babarpada area.

A forensic team is currently investigating the case, and inquiries are ongoing in the vicinity of the incident location. Police have stated that the recovered body remains unidentified. The Gorai police have registered a case, and further investigation is underway.

A special team has been formed to investigate, and information is being gathered from CCTV footage and nearby police stations to assist in identifying the body.

A police officer said that the body was sent to Bhagwati Hospital for a post-mortem. “We can’t conclude anything immediately, as we are still investigating the matter,” the officer said.

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