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If Someone Conceals Drug Consumption By Another,That Amounts To Harbouring Offender: NCB Tells Bombay HC

first_imgTop StoriesIf Someone Conceals Drug Consumption By Another,That Amounts To Harbouring Offender: NCB Tells Bombay HC LIVELAW NEWS NETWORK29 Sep 2020 8:45 PMShare This – xIf a person does not disclose the fact of drug consumption by another person, that will amount to ‘harbouring’ of an offender, said the Narcotics Control Bureau in the Bombay High Court on Tuesday.The submission was made by the central agency to justify the invocation of Section 27A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act against film actor Rhea Chakrabory and four others…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginIf a person does not disclose the fact of drug consumption by another person, that will amount to ‘harbouring’ of an offender, said the Narcotics Control Bureau in the Bombay High Court on Tuesday.The submission was made by the central agency to justify the invocation of Section 27A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act against film actor Rhea Chakrabory and four others in relation to alleged drug procurement for the late actor Sushant Singh Rajput.Section 27A deals with ‘financing illict traffic and harbouring offenders’, and attracts a punishment in the range of ten to twenty years of rigorous imprisonment.The lawyers for Rhea and other co-accused, Advocates Taraq Sayed and Satish Manshinde, submitted that the accused cannot be said to have ‘harboured’ Sushant as he was living in his own apartment. Also, Sushant was not under the apprehension of arrest at any point of time.Responding to this, Additional Solicitor General Anil Singh submitted on behalf of the NCB :”If somebody known to me is consuming drugs…consumption is illegal..and I am not telling this to anyone…not disclosing it to police…then it can be brought under the definition of ‘harbouring'(under Sec 27A)”.He made this submission when Justice S V Kotwal, the single judge who is hearing the matter, expressed doubt as to whether allegation of procurement of drugs can qualify as ‘harbouring offender’ under Section 27A. ASG Anil Singh asserted that concealment of drug consumption amounts to harbouring.”Such an act is giving protection or shelter to the drug consumer from arrest”, he said. Justice Kotwal asked “You are saying non-disclosure is giving shelter?”In reply, ASG said “The definition says ‘assistance by any means'”, referring to the definition of harbouring given under Section 52A of the Indian Penal Code.ASG (for NCB) : Such an act is giving protection or shelter to the drug consumer from arrest.Justice Kotwal : You are saying non-disclosure is giving shelter?ASG : The definition says ‘assistance by any means’.#SushantSinghRajputCase— Live Law (@LiveLawIndia) September 29, 2020 Justice Kotwal also asked if it was necessary to make arrest always under NDPS cases if the intention is to reform drug addicts.”Is it necessary to arrest persons if the intention is to reform? Will not arrest cause irreparable harm? When you arrest, you have to be very careful so as not to leave a mark on a person who is not a nuisance to society. Suppose, a son is a drug addict and a father procures drugs for his son out of his desperation, will you punish the father for 10 years?” Justice Kotwal enquired.ASG Singh replied : Any person who procures drugs needs to be dealt with in accordance with the provisions of the Act for deterrent effect!Kotwal J: Will you punish a person who procured 5 grams of ganja for a family member for 10 years?ASG Singh: Anyone who spoils the life of another person, a young person, needs to be punished. There need not be any intention for profit-making. Someone, out of enmity, could spoil someone with drugs.Justice Kotwal then drew the ASG’s attention to Section 27A and said it does not use words “encouraging drugs” or “helping”. “Financing” and “harbouring” are the words used. We have to focus on those, Kotwal said.After referring to the Statement of objects and reasons of the said act, ASG Singh argued that all accused are connected and interlinked and are a part of a syndicate.Justice Kotwal: Saeed had argued that the man (Sushant) is no more and there is no recovery and therefore the Section 67 statements cannot be recovered.ASG Singh : In drug cases, recovery is not necessary. There are precedents. If the Court sees the entire syndicate, drugs were not delivered only to Sushant. Brother of Rhea was in contact with every drug dealer. The person (Sushant) may not be alive. But that does not mean that the offence goes.”Just because the consumer of the drugs has died, it does not mean that the others cannot be punished. This is not a case related only to Sushant Singh Rajput. There is no case that Sushant Singh died due to drug consumption. The transactions are not restricted to Sushant Singh. So his death will not affect the investigation”, ASG Singh clarified.Justice Kotwal said that the word “engaging” in the definition of “illicit drug trade” is important as it denotes a continuous activity. Section 8(c) does not cover this, he added.In response, ASG Singh argued that quantity is irrelevant for Section 27A. The test for Section 27A is that person is involved directly or indirectly in financing of “illicit traffic”, he said.Moreover, he argued that there are voluntary statements of Rhea & Showik that they have been making payments for purchase of prohibited drugs for Sushant. Therefore, they directly fall within the scope of sale, purchase, shipment of drugs.”Sale and purchase are covered under Section 8(c) also. What is the difference then(between Sec 8(c) and 27A)?”, Kotwal J asked.Financing is not covered under Section 8(c), ASG replied.”We have to go by the simple provisions of the Act. If financing is included in Section 27A, it applies. Nobody has challenged the provision. We cannot go behind the reason why financing is included in the provision. Financing has been made more stringent. It is not mentioned in Section 8(c). Even indirect financing is covered under Section 27A”, he added.In conclusion of his submissions, ASG Singh said-“Considering the brutality of the case & overall circumstances of cases, drug abuse has to be controlled in the country, in all sectors- college, school, Bollywood, wherever it is. Our leaders always say the country is dependent on youngsters. Some people, who are supposed to be role models, feel that there is nothing wrong in drug use.”In the end, Justice Kotwal said he is reserving the order and complimented all parties for arguing well in the case.ASG (for NCB) : If I as a celebrity, who is a role model for college students, consume drugs, what will be the future of the country?#SushantSinghRajputCase#RheaChakraborty— Live Law (@LiveLawIndia) September 29, 2020 Also read other reports about the hearing :’How Can Supply Of Drugs To Sushant Be Proved When He Is No More?’ Lawyer Submits In Rhea Bail Hearing If Sushant Gets Only Smaller Punishment Under NDPS Act, How Can Rhea Be Booked Under Section 27A? Lawyer Asks In Bail Hearing Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more


3 reasons you make a lot but don’t bring home much

first_imgThe fact is, when we make more money, whether it’s a one-time bonus or an increase in salary, we spend more. Many of us think making more gives us the freedom to be less careful in our financial decision-making. This is a huge mistake. Consider the following three reasons why although you think you’ll be bringing more home, your habits are keeping you from seeing an increase in income.You’re living a luxurious lifestyleYou’ve gotten a pay raise. Time to travel, right? Wrong! Don’t immediately book your ticket to Tahiti. Get your bearings first and figure out how you can best use your additional income. Instead of rushing out to buy a new car, consider more responsible ways to put your money to good use. The more thoughtful you are about your spending, the more you’ll appreciate having extra in the end.You’re overly generousYou’ve gotten a big bonus… so, drinks for everyone! Hold tight on forking out gifts and cash to others. Your heart is in the right place, but focus first on taking care of yourself and your loved ones. Be sure you’ve considered your child’s college savings or necessities you’ve needed but haven’t had the funds for. Being generous with others, whether it’s treating a parent or giving to a charitable cause, is a wonderful thing. Just make sure before you give, you plan accordingly for how it will affect your money moving forward.You’ve become carelessJust because you are making more money, doesn’t mean budgeting and saving should go out the window. There’s a reason why the wealthiest people in the world have advisors who help with their financial decision-making. When you get a bump in pay and have money on the mind it can be difficult to see past the dollar signs. Don’t get distracted by the extra zeros. Be smart and not rash when it comes to even the smallest purchases. Life is expensive and even extremely successful people can easily blow their money if they’re not careful. 69SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr,Wendy Moody Wendy Moody is a Senior Editor with CUInsight.com. Wendy works with the editorial team to help edit the content including current news, press releases, jobs and events. She keeps … Web: www.cuinsight.com Detailslast_img read more


SSS warns pensioners vs fixers

first_imgBACOLOD City – State-run SocialSecurity System (SSS) has cautioned pensioners from dealing with fixers who areasking for commission from their loan application. Avoid transacting with fixers whopromise to hasten your loan application but would take a pay cut from your loanproceeds, Hilado said./PN Lina Hilado, SSS-Bacolod head, saidthey received reports that pensioners were asked to pay as much as P2,000 ascommission for the processing of their loan application with the pension fund. These fixers, according to Hilado,were convincing pensioners to avail themselves of the agency’s enhanced PensionLoan Program. According to Hilado, SSS pensionerscan now borrow up to P200,000 which is equivalent to 12 month of their basicmonthly pension under the enhancement PLP. She warned that these fixers even gohouse to house claiming to be SSS employees and asking for personalinformation. But she disclosed that they areconducting seminars as part of their information dissemination campaign inevery barangays but they do it in a group. She reminded those who want to availof the pension loan must personally apply in our branch offices nationwide. “We cautioned pensioners that we don’thave that kind of personnel tasked to do a house-to-house visit,” clarifiedHilado. last_img read more


Now or never for LVR Bombers soccer team

first_imgBy The Nelson Daily SportsIt’s now or never for the L.V. Rogers Bombers.LVR is looking for its 15th straight trip to the B.C. High School AAA Boy’s Soccer Championship Wednesday in Cranbrook when the Bombers meet the Mt Baker Wild.The one-game showdown determines the Kootenay rep at the 16-team provincial tournament. In the lone meeting this season between the two teams, Baker won 1-0.LVR finished second in the Wild tournament to go with a gold medal finish at Summerland and a 12-th place result in Chilliwack.However, LVR was missing a handful of players for the Wild tournament contest as Sean Hickson, Luis Loeschnik, Bruno Moro and Conrad Lanaway failed to make the trip.The Bombers, finishing 12th out of the 16 teams in 2009, expect to have a full roster when the teams hook up for a 1 p.m. MDT Wednesday.SIDELINES: Bomber head coach Keith Williams is looking for his tenth trip to the B.C. High School AAA Boy’s Championships. Former coaches Mike Sedlbauer and Hogue Tyler took LVR to the championship tournament for five consecutive years before Williams assume the [email protected]last_img read more


The Press Pass – Sunday, May 21

first_imgNeil Ashton is joined by John Dillon and Tony Evans to cast their eyes over the main sporting stories.The trio look back at an eventful weekend of action, including John Terry’s final appearance for newly crowned Premier League champions Chelsea and the ramifications for Arsenal after missing out on Champions League football.Plus, the panel discuss Tottenham’s chances of sustaining another title challenge and whether Liverpool and Manchester City can regard their seasons as successful.Listen above or click here to download the podcast from iTunes.last_img read more


Crowds savour the delights of A Taste of Donegal – Picture Special

first_imgA Taste of Donegal Food Festival was a feast of fun and flavours in Donegal Town last weekend.The food and drink event attracted up to 25,000 people to see top chefs and an exciting mix of exhibitors from Friday to Sunday.Donegal Daily’s Live Festival Blog was rolling all weekend to keep everyone up to date on the events, but if you’d like an extra slice, we have a picture special for you below: Mary McGettigan and Eve-Anne McCarronChef Catherine Fulvio Conor Grimes from Spoonful Botanical Dr Rhatigan and Sian Breslin in the Cherrymore Kids KitchenCherrymore Kids KitchenCherrymore Kids KitchenPaul O’Sullivan and Gabrielle McMonagle Chef Paul Brady – Castle Grove Country HouseErnan McGettigan leading the raffle at A Taste of DonegalChefs Zack Gallagher, Chris Molloy and Paul BradyDaniel Mullarkey, winner of A Passion to Inspire 2019, with Shauna Long and baby TaylorThe Chandpur Indian Restaurant teamComedy cooking with Chef Joe Shannon and Frank FordeComedian Frank FordeIsabella Rowatt from Bellaville BurgersChef Oliver DunneChef Christopher Molloy  Crowds savour the delights of A Taste of Donegal – Picture Special was last modified: August 26th, 2019 by Rachel McLaughlinShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window) Tags:A Taste of DonegalDonegal TowneventsFood festivalpicture speciallast_img read more


Half-time: Fulham 1 Norwich 0

first_imgSean Kavanagh’s first goal for Fulham gave Kit Symons’ side the lead against Championship front-runners Norwich.The 20-year-old, on only his fourth appearance, finished off a flowing counter-attack with an emphatic finish past John Ruddy.The goal, on 21 minutes, came against the run of play as Norwich dominated territory and possession but without making Whites keeper Marcus Bettinelli work.For all of Norwich’s probing, they were unable to find a route past centre-backs Nikolay Bodurov and Dan Burn, and Fulham punished them on the break.Scott Parker started the attack by feeding Hugo Rodallega, and Lasse Vigen Christensen laid the ball off for Kavanagh to drill home.Bettinelli’s only save came from a Wes Hoolahan half-volley on the turn, which floated into his hands, and Fulham came close to doubling their lead on 38 minutes but Burn’s header from a corner was cleared off the line by Hoolahan.Fulham (4-1-2-1-2): Bettinelli; Hoogland (Zverotic 22), Bodurov, Burn, Stafylidis; Parker; Christensen, Kavanagh; Ruiz; Rodallega, McCormack.Subs: Kiraly, Hutchinson, Roberts, Dembele, Williams, Hyndman.Follow West London Sport on TwitterFind us on Facebooklast_img read more


Warriors intend to sign Andrew Bogut

first_imgCLICK HERE if you are having a problem viewing the photos or video on a mobile deviceThe Warriors plan on signing a center that became an integral piece of their 2014-15 championship team. They intend to sign former Andrew Bogut for the remainder of the season once he receives a letter of release from the Sydney Kings of Australia’s National Basketball League, Bay Area News Group confirmed. Yahoo! Sports first reported the news.The Warriors have become interested in reuniting with Bogut “for …last_img read more


New upmarket hotel for Joburg

first_img2 June 2008Local hospitality chain Southern Sun and property developers Hyprop Investments are to build a four-star hotel at the Hyde Park Shopping Centre in Johannesburg, at a cost of R180-million, with the hotel set to open by June 2009.In a statement released last month, Southern Sun said that the development of the 132-room hotel featuring a contemporary design would offer a welcome addition to the growing demand for upmarket accommodation in Hyde Park, one of the city’s more affluent suburbs.Another motivator is the unprecedented rise in the demand for quality hotel rooms, particularly in the Sandton area, where occupancy is running high and the demand for more hotel beds is on the increase.Southern Sun MD Helder Pereira said the group’s involvement with the development was a natural progression from the company’s growth and re-positioning strategy.“Southern Sun has invested significantly in a refurbishment and expansion strategy over the past few years, and we believe that the hotel will be an exciting addition to our existing portfolio,” he said.The Southern Sun Hyde Park hotel will be built on top of the existing parking garage of the Hyde Park shopping centre, with the 132 contemporary designed rooms being built over three floors.The lifestyle area will consist of a reception area and a 60-seater restaurant offering breakfast, lunch and dinner, while a whiskey bar will provide for relaxation with friends or business associates with the finest selection of whiskeys and cigars on offer.The hotel will also have two boardrooms and a generous function room to cater for business meetings and events, adding to the large portfolio of venues around the city.An outside area will feature a pool, bar and seating for guest to relax and take in the beautiful views, while those wishing to enjoy some retail shopping will be able to use a walkway linking the hotel to the Hyde Park shopping centre.For those concerned with their fitness while away from home, a gym on the top level of the hotel will provide the opportunity to work out while enjoying the beautiful views over the upmarket northern Johannesburg suburb.“Typical of the upmarket Hyde Park area, Southern Sun Hyde Park is in the ideal location for the market category it will serve and is likely to become an upper four-star hotel of choice for many visitors to Johannesburg,” the statement read.SAinfo reporter Would you like to use this article in your publicationor on your website?See: Using SAinfo materiallast_img read more


Bill Proposes New Incentives for Electric Vehicles

first_imgU.S. Senator Sherrod Brown is proposing federal legislation that would benefit commuters who drive their electric vehicles to work by as much as $250 a month.The new benefit would be on top of existing state or federal incentives for those who buy the cars — as much as $7,500 in federal tax credits and up to $5,000 for California purchasers, according to Autoblog.com. Brown, an Ohio Democrat, also would like to see financial rewards for companies that install charging stations at workplaces.Brown said that the legislation was intended to give workers with electric vehicles the same pre-tax benefits many workers already receive for public transportation, parking fees, and public transit passes, a statement from his office said.“The Electric Vehicle Credit Act would exclude transportation benefits for electric vehicle charging from an employee’s taxable income, the same way many employees can exclude other transportation benefits, like transit passes or parking fees,” Brown’s office said. “Employers would be able to give up to $250 per month in electric charging benefits without employees being taxed, making their benefit packages more competitive.”Not surprisingly, the proposal was endorsed by the Electric Drive Transportation Association.last_img read more