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Delhi HC notice to Centre on PIL against Criminal Procedure Identification Act

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The Delhi High Court on Thursday issued notice to the Centre on a plea seeking a judicial review of the provisions of the Criminal Procedure (Identification) Act, 2022.

The Criminal Procedure (Identification) Act, 2022 was passed in Parliament this month and received the President’s assent and was subsequently published in the Gazette of India (Extraordinary) on Monday.

Directing to file a reply within six weeks in the Public Interest Litigation (PIL) challenging the newly-introduced Act, a division bench headed by Acting Chief Justice Vipin Sanghi and Justice Navin Chawla slated the matter for further hearing on November 16.

In the PIL, the petitioner Harshit Goel sought a judicial review of Sections 2(1)(a) (iii), 2(1) (b), 3, 4, 5, 6, and 8 of the Act and prays for appropriate direction to declare the aforesaid provisions of the Act as unconstitutional and void.

It is worthwhile to mention here that the new Act grants legal sanction for the Police to collect finger impressions, palm prints impressions, footprint impressions, photographs, iris and retina scans, and physical and biological samples. It also allows the authorities to collect behavioral attributes including signatures, handwriting, or any other examination referred to under Section 53 or Section 53A of CrPC.

The petition contends that the ‘biological samples’, their ‘analysis’, and ‘behavioural attributes’ can be taken forcibly in case of resistance or refusal with the support of this act.

It said that the fundamental right to life and personal liberty under Article 21 provides a shield to protect ‘bodily integrity and dignity’, and such protection extends to prisoners, undertrials, arrested persons, detainees in the course of investigation and persons in protection homes. Forcing an individual to part with his ‘measurements’ under the provisions of the Act violates the standard of ‘substantive due process’ which is required for restraining personal liberty.

As per the plea, Sections 3 and 5 of the Act, in flagrant violation of the law laid down by the Supreme Court, allows excessive, coercive, and arbitrary intrusion into the dignity of a convict as well as of an individual who may be called in for simple questioning, or who is involved in the pettiest of offences.

These provisions constitute a clear attack on ‘personal liberty and clearly fall foul of Article 21 of the Constitution and are thus liable to be struck down.

It further stated that Section 8 of the Act suffers from the vice of excessive delegation since the legislature has clearly abdicated its legislative function vide this Section. Section 8 allows the Central Government and the State Governments to frame rules regarding issues that are the subject matter of legislative policy without providing any guidance or framework on rule-making to the Executive.

Crime

Palghar News: Young Man Assaulted With Axe In Broad Daylight, Mob Tie Up Attacker Before Police Arrest

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Palghar, Maharashtra: A broad daylight attack in a busy Palghar neighbourhood shocked residents on Wednesday after a young man allegedly assaulted a 35-year-old with an axe, leaving him seriously injured.

The incident occurred around 4 p.m. at the main square in the Kamala Park housing colony on Mahi Road. According to police sources, the accused, believed to be around 27 years old, struck Baboolal Fulchand Yadav in the face with an axe, causing severe injuries. Yadav was immediately rushed to a hospital, where he is undergoing treatment.

Eyewitnesses said the attacker attempted to flee, but local residents intervened, catching him and tying him to a tree with ropes before thrashing him. Police arrived shortly afterward, to control the mob and take the accused into custody 

The motive behind the attack is still under investigation, and the process of registering a formal case in ongoing. The suspect’s identity had not been officially confirmed at the time of reporting.

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Crime

Police Arrest 4 Men From Gujarat For Stealing ₹11.25 Lakh From Palghar’s Dandekar College Treasury

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Palghar: Police have arrested four men, including two auto-rickshaw drivers, from Gujarat for allegedly stealing Rs 11.25 lakh cash collected as student fees from the treasury of a college in Maharashtra’s Palghar city, officials said on Wednesday.

About The Theft

The theft took place between 5.30 pm on July 23 and 7.45 am on July 24 at the Dandekar College located on Boisar Road here, a police release said.

An official from the college later reported that Rs 11.25 lakh kept in the college’s accounts department treasury had been stolen by unidentified persons.

Based on technical analysis and intelligence inputs, the police here identified the four accused and arrested them from Umbargaon in neighbouring Valsad district of Gujarat on Monday with the help of local police, the release said.

“During interrogation, they confessed to committing the theft. Out of the stolen cash, Rs 4.05 lakh has been recovered,” it said.

The accused have been identified as Shubham Virendra Singh (21), Murali Manohar Pawar (23), both auto-rickshaw drivers, Arun Lakhan Chavan (19), a mason, and Farooq Firoz Khan, all hailing from Valsad, the release said.

They have been booked under Bharatiya Nyaya Sanhita sections 305(A) (theft in a dwelling house) and 331(3)(4) (house trespass or house break), the police added.

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Crime

Thane Crime Branch Seizes 15.9 Kg MD Worth ₹31.84 Crore, Arrests Two with Multiple Past Offences

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Thane: The Thane Crime Branch has arrested two persons for allegedly possessing 15.9kg MD (mephedrone), a psychotropic substance, with the intent to sell it in the city. The accused – Tanvir Ahmad Ansari, 23, and Mahesh Desai, 35, residents of Mumbra and Ulhasnagar – were intercepted after a nakabandi on August 9 at Ranjnoli Naka on the Bhiwandi-Kalyan bypass road.

Cops Seize ₹31 Crore MD in Back-to-Back Car Interceptions

The police first stopped a car driven by Tanvir and, upon inspection, recovered 11.763kg MD. Soon after, another car driven by Mahesh was intercepted, and officials recovered 4.161kg MD powder from him; the total value of the contraband is Rs31.84 crore. Their cars and phones were seized by the police.

Preliminary interrogation revealed Tanvir is already named in three FIRs, including drug-related charges, at Mumbra, Daighar, and Byculla police stations. Mahesh, confessed to four prior offences, including cases under the NDPS Act and MCOCA at Ajara Police station in Kolhapur.

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