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SC reserves verdict on gangster Abu Salem’s plea challenging life sentence

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The Supreme Court on Thursday reserved its order on a plea by gangster Abu Salem claiming that, as per the extradition treaty between India and Portugal, his jail terms cannot extend beyond 25 years.

Advocate Rishi Malhotra, representing Abu Salem, contended before a bench headed by Justice Sanjay Kishan Kaul that the assurance was given to the Portugal government by the Indian government, that Abu Salem will not be either awarded death penalty or punished beyond 25 years, but, he has been sentenced to life imprisonment after being convicted in Mumbai serial bomb blasts.

The bench, also comprising Justice M.M. Sundresh, observed that the courts are not bound by the assurance given by the government, however the government may practice its executive power.

Malhotra submitted that Abu Salem was in custody in Portugal since 2002, and he was arrested following a ‘Red Corner Notice’. He added that extradition process started in 2003 and went for almost 2 years — and in 2005, he was handed over to India.

At this, the bench queried the Central government as to what would be the starting point of Abu Salem’s detention.

Additional Solicitor General K.M. Nataraj, representing the Central government, said it will start by the time, when “we took him into custody and for the part of assurance, we’ll consider it but on the part of the judiciary, it can be decided independently”.

After hearing detailed arguments in the matter, the top court reserved its order on Salem’s plea.

On April 21, the Supreme Court had strongly objected to some statements made by the Union Home Secretary, in an affidavit on honouring assurance made to Portugal during Abu Salem’s extradition, saying the judiciary does not need “lecturing” from the Home Secretary in the matter.

Union Home Secretary Ajay Kumar Bhalla had told the court that the Indian government is bound by its assurance given to the Portugal government during the extradition of Abu Salem but the question of honouring its assurance will arise only when the period of 25 years is to expire.

“The government of India gave an assurance vide letter dated December 17, 2002, to the government of Portugal. This assurance is an executive assurance given by one country to other in the exercise of their executive functions.

“The period of 25 years which is mentioned in the assurance will be abided by the Union of India at an appropriate time subject to the remedies which may be available. The question of the Union of India honouring its assurance dated December 17, 2002, will arise only when the period of 25 years is to expire. This date is November 10, 2030,” he had said in the affidavit.

The affidavit said before this date, the convict cannot raise any arguments based on the assurance, therefore the contention of the petitioner about non-compliance of assurance is premature and based on hypothetical surmises and can never be raised in present proceedings.

“The government of India will abide by the said assurance….subject to the rights which may be available at that stage. The attempt of convict-appellant to club that assurance with merits of the present case is legally untenable as the appeals need to be decided in accordance with Section 19 of the TADA read with other provisions governing criminal procedure,” said the affidavit.

Crime

Mumbai Airport Customs Seize Drugs Worth ₹13.83 Crore, 2 Passengers Arrested

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Mumbai: The Mumbai Airport Customs officers in two separate cases have seized over 13 kg of smuggled drugs having illicit market value of approx Rs 13.83 crores. Two passengers have been arrested by the Customs for smuggling contraband.

According to the agency sources, on the basis of profiling, the Customs officers at Chhatrapati Shivaji Maharaj International Airport (CSMIA) Mumbai, intercepted one passenger who had arrived from Bangkok on Monday.

“During the examination of the baggage, the Customs officers recovered 11.83 kg of suspected hydroponic weed (marijuana), with an illicit market value of approximately Rs 11.83 crores. The narcotic substance was cleverly concealed inside the checked-in trolley bag carried by the passenger,” said a Customs officer. The said passenger was then arrested under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

In another case, on the basis of specific intelligence, the Customs officers at CSMIA Mumbai intercepted and arrested one passenger who had arrived from Bangkok on Sunday. During the examination of the baggage, the Customs officers recovered 2 kg of suspected hydroponic weed with an illicit market value of approximately Rs 2 crores. The narcotic substance was cleverly concealed inside the checked-in trolley bag carried by the passeng

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Crime

Thane Crime: Senior Citizen’s Bag With Gold Worth ₹58,000 Stolen In Rickshaw By Woman With Child In Dombivli

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Thane: A 76-year-old woman’s bag containing a gold chain, a gold ring, and cash worth Rs 58,000 was stolen in a rickshaw in Dombivli by a woman travelling with a small child. The incident took place last Friday, after the victim, Vijaya Bhosale, returned from Ganpati celebrations in Konkan and hired a direct rickshaw from Pandit Dindayal Chowk to her home in Thakurwadi, near Dombivli West railway station.

As the rickshaw began its journey, a 40-year-old woman with a child forcibly entered the vehicle, despite Bhosale stating she had hired it for a solo trip. During the ride, the woman attempted to touch the gold chain around Bhosale’s neck.

When questioned, the woman denied any wrongdoing. However, she had placed her bag close to the elderly woman and managed to steal the gold ornaments and Rs 4,500 in cash from Bhosale’s wallet without being noticed.

It was only after reaching home and attempting to use her phone that Bhosale discovered the valuables were missing. She then realised the theft likely occurred during the shared rickshaw ride. A complaint has been registered at Vishnunagar police station, and authorities suspect the woman who forced her way into the rickshaw is responsible, as reported.

Reports suggest that some women have been targeting passengers near Dombivli railway station, using similar tactics. Complicating the investigation, CCTV cameras in the area were not operational at the time of the incident, making it more difficult for police to track down the suspect, described as chubby and accompanied by a child.

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Crime

Mumbai: Drunk Man Attacks Woman Doctor, Vandalises Her Audi Car In Powai; Case Filed

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Mumbai: A 31-year-old woman doctor was allegedly attacked by a drunken man who also vandalised her luxury Audi car in Powai in the early hours of Sunday. The victim, employed at Asian Heart Hospital in Bandra Kurla Complex, had just returned home from duty when the incident occurred, leaving her shaken.

The doctor reached Filterpada around 5 am and parked her red Audi car near a tempo stand before walking towards her residence. Suddenly, a man identified as Abdullah Zuber Khan, a local resident of Pathanwadi, confronted her. Allegedly under the influence of alcohol, Khan was armed with a 1.5-foot knife and a three-foot-long iron rod. Without provocation, he reportedly charged at the woman, forcing her to flee to safety.

The doctor managed to escape and rushed home, later returning with her mother and brother. By then, Khan had shifted his aggression towards her vehicle, smashing the Audi parked near Shreenath Medical. He reportedly shattered the rear and side windows of the car. When confronted by the family, Khan allegedly brandished his knife, shouted threats and caused panic among locals before fleeing the scene.

The shaken doctor immediately alerted the police control room. A patrol team, including a male and female constable from Powai police, quickly arrived at the spot. The officers assured the woman of protection, began searching for the accused and directed her to lodge a formal complaint at Powai Police Station.

Based on her statement, the police registered a case against Khan for attempted assault, criminal intimidation, vandalism and creating public disturbance. He has been booked under relevant sections of the Indian Penal Code, and copsare working to trace his whereabouts.

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