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The Punjab and Haryana High Court on Monday upheld 13-year rigorous imprisonment awarded to former zonal director of the Narcotics Control Bureau(NCB), Saji Mohan, and his accomplice as well as superintendent in NCB Balwinder Kumar by the Chandigarh district court in March 2013 for pilfering 60 kg heroin from 13 unclaimed seizures.
The decision came when the special division bench comprising Justices Rajive Bhalla and Surinder Gupta pronounced its judgment and dismissed appeals of senior IPS officer Saji Mohan and Balwinder Kumar against the trial court judgment. However, the detailed judgment is yet to be release by the court. The court also dismissed appeals of NCB constable and Saji Mohan’s personal security officer Naveen Kumar who was sentenced to six months of rigorous imprisonment and also of drug peddler Naseeb Chand who was sentenced to 10 years of rigorous imprisonment for helping Saji Mohan to sell the contraband.
Saji Mohan,who was deputed as the zonal director of the NCB Chandigarh on February 14, 2007,was arrested by the Anti Terrorist Squad of Mumbai Police on January 24, 2009. A huge quantity of heroin was recovered from his possession and case was registered in Mumbai.
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A report by KP Raghuvanshi, the then additional DG of ATS submitted on February 2, 2009, stated that the accused Saji Mohan had pilfered and manipulated the contraband seized from various places in Punjab and Jammu. It was mentioned that Saji Mohan along with personal security officer Naveen Kumar and Balwinder Singh had committed the crime over the span of 2007 and 2008 when he was zonal director at Chandigarh with additional charge of NCB Jammu unit. As per the prosecution story Saji Mohan had mixed slaked lime in heroin and had kept aside the pure contraband for personal gains. The prosecution agency had also submitted that NCB’s subordinate staff was aware of the pilferage and also the cash seized from smugglers was allegedly distributed by the NCB staff.
HC orders action against Sec 22 shop owners for helping hawkers in illegal encroachment
Taking serious view of the illegal encroachments made by the hawkers in Sector 22 market, the Punjab and Haryana High Court on Monday directed the Chandigarh MC to take action against shop owners who were hand in glove with the hawkers and allowed them to illegally sit outside their shops.
The orders came from the division bench comprising Justices SK Mittal and HS Sidhu during the resumed hearing of a public interest litigation filed by Sector-22 Welfare Society.
When the court questioned the MC counsel as to why the authorities were not able to ensure that there are no encroachments by the hawkers in the verandah outside shops in Sector 22 market, the counsel submitted that as soon as the corporation team reaches the market the hawkers collect their items and hide inside the shops. It was also informed that even shopkeepers keep their goods outside the shops and the corporation officials find it difficult to take action because they take their goods into the shops on detection.
The court said, “We know shopkeepers are also encroaching and also charging money from hawkers. Take action against all such shopkeepers. They should be fined heavily.” The HC had earlier directed the corporation to ensure that the walking area inside the market is kept free from encroachments either by hawkers or the shopkeepers.
However, on the issued of enhancement of the fine for illegal encroachments from Rs 500 to Rs 5,000, the court was informed that though the UT administration had sent its proposal to the Centre but it was not accepted. The court was informed that the Centre is of the view that enhancement of fine would not work as deterrent but would increase corruption among the corporation authorities who are bound to check the encroachments. Rather the existing law should be enforced strictly, it was informed.
Posting the case for next hearing to April 9, the court directed the corporation to file its action taken report.
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