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Efforts should be made by police to use tech tools for fairness, efficacy: Delhi HC
Efforts should be made by police to use tech tools for fairness, efficacy: Delhi HC

The Print

time3 days ago

  • The Print

Efforts should be made by police to use tech tools for fairness, efficacy: Delhi HC

In the present case under the Narcotic Drugs and Psychotropic Substances Act (NDPS) Act, certain contraband was recovered from a vehicle in transit after a chase without any video recording. The court observed that in absence of independent witnesses and videography, there is an added duty upon the court to scrutinise the evidence more carefully. New Delhi, Jun 7 (PTI) While technology enhances transparency of police investigation and ideally every effort should be made to use such aids, adopting the use of video or audio recording might not be feasible in some cases, the Delhi High Court has said while dismissing the bail plea of an accused in a narcotics case. The petitioner, who was allegedly found to be in possession of 10.860 kg of poppy straw, argued that there was a violation of provisions pertaining to entry, search, seizure and arrest under the NDPS Act. Subsequently, several more sacks of the contraband were allegedly recovered at his instance by the police. His counsel argued that the contraband was recovered in a crowded place but no sincere effort was made to join the public persons or to videograph the search and seizure proceedings conducted at the spot. In the judgement passed on June 5 dismissing the bail plea, Justice Ravinder Dudeja said that although there was admittedly no independent public witness of recovery or any photography/videography, it was at best a 'key irregularity' and there was nothing on record at this stage to suggest that the petitioner was not guilty. 'The use of technology certainly enhances the efficacy and transparency of the police investigation and assures fairness, and therefore, ideally, every effort should be made by the investigating agency to use technological means in aid of investigation. However, there may be situations where audio/video recording may not be feasible like the present case,' said the court. 'The absence of independent witnesses and the videography at best may be regarded as a key irregularity in a search and that would cast an added duty upon the court to scrutinise the evidence regarding the search more carefully,' it added. It noted that in the present case, there was information that contraband was being transported in a vehicle from Alwar, Rajasthan, to Azadpur in Delhi via Punjabi Bagh, and at the time when the petitioner and his co-accused were apprehended, they were shifting the contraband from the car to a motorcycle. The court said the period of the petitioner's custody since August 2023 or that the trial had commenced were by themselves not persuasive grounds for granting relief to the petitioner under the NDPS Act. PTI ADS RT RT This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.

Efforts should be made by police to use tech tools for fairness, efficacy: Delhi HC
Efforts should be made by police to use tech tools for fairness, efficacy: Delhi HC

Hindustan Times

time3 days ago

  • Hindustan Times

Efforts should be made by police to use tech tools for fairness, efficacy: Delhi HC

New Delhi, While technology enhances transparency of police investigation and ideally every effort should be made to use such aids, adopting the use of video or audio recording might not be feasible in some cases, the Delhi High Court has said while dismissing the bail plea of an accused in a narcotics case. The court observed that in absence of independent witnesses and videography, there is an added duty upon the court to scrutinise the evidence more carefully. In the present case under the Narcotic Drugs and Psychotropic Substances Act Act, certain contraband was recovered from a vehicle in transit after a chase without any video recording. The petitioner, who was allegedly found to be in possession of 10.860 kg of poppy straw, argued that there was a violation of provisions pertaining to entry, search, seizure and arrest under the NDPS Act. Subsequently, several more sacks of the contraband were allegedly recovered at his instance by the police. His counsel argued that the contraband was recovered in a crowded place but no sincere effort was made to join the public persons or to videograph the search and seizure proceedings conducted at the spot. In the judgement passed on June 5 dismissing the bail plea, Justice Ravinder Dudeja said that although there was admittedly no independent public witness of recovery or any photography/videography, it was at best a "key irregularity" and there was nothing on record at this stage to suggest that the petitioner was not guilty. "The use of technology certainly enhances the efficacy and transparency of the police investigation and assures fairness, and therefore, ideally, every effort should be made by the investigating agency to use technological means in aid of investigation. However, there may be situations where audio/video recording may not be feasible like the present case," said the court. "The absence of independent witnesses and the videography at best may be regarded as a key irregularity in a search and that would cast an added duty upon the court to scrutinise the evidence regarding the search more carefully," it added. It noted that in the present case, there was information that contraband was being transported in a vehicle from Alwar, Rajasthan, to Azadpur in Delhi via Punjabi Bagh, and at the time when the petitioner and his co-accused were apprehended, they were shifting the contraband from the car to a motorcycle. The court said the period of the petitioner's custody since August 2023 or that the trial had commenced were by themselves not persuasive grounds for granting relief to the petitioner under the NDPS Act.

Delhi High Court quashes FIR against air traveller accused of staring at woman in flight
Delhi High Court quashes FIR against air traveller accused of staring at woman in flight

The Hindu

time5 days ago

  • The Hindu

Delhi High Court quashes FIR against air traveller accused of staring at woman in flight

The Delhi High Court has recently quashed an FIR against a man for staring at a woman on an Indore to Delhi flight in 2024. The High Court quashed the FIR given the settlement reached between the accused and the complainant woman. An FIR was registered in May 2024. Justice Ravinder Dudeja quashed the FIR on May 30 after considering the facts that the petitioner and the complainant had settled. 'Given the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR of 29.05.2024. Under section 509 of the Indian Penal Code registered at Police Station (P.S.) IGI Airport, along with all the other consequential proceedings emanating therefrom," Justice Dudeja ordered. According to the allegations, on May 28, 2024, the complainant, while flying from Indore to Delhi, alleged that a co-passenger stared at her persistently, causing discomfort. Upon landing, she submitted a written complaint to the police. Based on the complaint, an FIR under Section 509 IPC was registered on May 29, 2024, at PS IGI Airport. Advocate Sanjeev Malik submitted that the parties have amicably resolved their disputes and executed a Settlement Agreement on December 16, 2024, with the help of well-wishers. The copy of the Settlement Agreement was also placed on record. Counsel for the complainant submitted that the matter has been settled with the petitioner without any force, fear, or coercion, and she further submits that she has no objection if the FIR is quashed. Given the settlement between the parties, the Additional Public Prosecutor for the State submitted that he has no objection if the FIR along with the charge sheet is quashed.

Delhi HC quashes FIR against air traveller accused of staring at woman in flight
Delhi HC quashes FIR against air traveller accused of staring at woman in flight

India Gazette

time5 days ago

  • India Gazette

Delhi HC quashes FIR against air traveller accused of staring at woman in flight

New Delhi [India], June 5 (ANI): The Delhi High Court has recently quashed an FIR against a man for staring at a woman on an Indore to Delhi flight in 2024. The High Court quashed the FIR given the settlement reached between the accused and the complainant woman. An FIR was registered in May 2024. Justice Ravinder Dudeja quashed the FIR on May 30 after considering the facts that the petitioner and the complainant had settled. 'Given the aforesaid circumstances and the fact that parties have put a quietus to the dispute, no useful purpose will be served in continuing with the present FIR of 29.05.2024. Under section 509 of the Indian Penal Code registered at Police Station (P.S.) IGI Airport, along with all the other consequential proceedings emanating therefrom,' Justice Dudeja ordered. According to the allegations, on May 28, 2024, the complainant, while flying from Indore to Delhi, alleged that a co-passenger stared at her persistently, causing discomfort. Upon landing, she submitted a written complaint to the police. Based on the complaint, an FIR under Section 509 IPC was registered on 29.05.2024 at PS IGI Airport. Advocate Sanjeev Malik submitted that the parties have amicably resolved their disputes and executed a Settlement Agreement on December 16, 2024, with the help of well-wishers. The copy of the Settlement Agreement was also placed on record. Counsel for the complainant submitted that the matter has been settled with the petitioner without any force, fear, or coercion, and she further submits that she has no objection if the FIR is quashed. Given the settlement between the parties, the Additional Public Prosecutor for the State submitted that he has no objection if the FIR along with the charge sheet is quashed. (ANI)

‘Not seeking Arvind Kejriwal's bail cancellation in Excise policy case': ED tells Delhi HC
‘Not seeking Arvind Kejriwal's bail cancellation in Excise policy case': ED tells Delhi HC

Hindustan Times

time05-05-2025

  • Politics
  • Hindustan Times

‘Not seeking Arvind Kejriwal's bail cancellation in Excise policy case': ED tells Delhi HC

The Enforcement Directorate on Monday told the Delhi High Court that it was not seeking at this stage the cancellation of the bail granted by the trial court to former chief minister Arvind Kejriwal in the excise policy-linked money laundering case. The counsel for the Enforcement Directorate (ED) told Justice Ravinder Dudeja that since the former chief minister was on interim bail granted by the Supreme Court after certain questions of law were referred to a larger bench, the hearing on its plea challenging the trial court order of bail should be deferred. Justice Ravinder Dudeja suggested that the matter could be closed while protecting the rights and contentions of the parties and asked the ED's counsel to take instructions before the next hearing on July 30. The judge observed that in the meantime, no prejudice was being caused to the accused. Additional Solicitor General S V Raju pressed for a hearing on ED's petition, arguing that the trial court's order was "perverse" and the top court's larger bench, which was yet to be notified, could even recall the interim bail granted to Kejriwal. "I am pressing for a hearing in the matter. The order is required to be set aside... I am not opposing or asking that his bail be cancelled. I am saying the trial court order is perverse. We weren't given an opportunity," he said. On the other hand, contending that nothing was left in the matter, Kejriwal's counsel said the interim bail by the top court was as good as a regular bail, and judicial time should no longer be wasted on carrying out any "academic exercise" in the instant proceedings. Kejriwal's counsel said all other accused had already been granted bail in the case and no interference was required in the trial court's decision. On June 20, 2024, Kejriwal was granted bail by the trial court on a personal bond of ₹1 lakh, which was subsequently stayed by the high court in the present proceedings initiated by the ED. On July 12, 2024, the Supreme Court, however, granted interim bail to Kejriwal in the money laundering case while referring to a larger bench three questions on the aspect of "need and necessity of arrest" under the Prevention of Money Laundering Act (PMLA). Kejriwal was arrested by the ED and the CBI on March 21 and June 26, 2024 respectively, in the money laundering and corruption cases. The excise policy 2021 was scrapped in 2022 after the Delhi Lieutenant Governor ordered a CBI probe into alleged irregularities and corruption involving its formulation and execution. According to the CBI and the ED, irregularities were committed while modifying the excise policy and undue favours extended to licence holders.

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