Criminal Law

Police is calling prostitute’s customer. The police said that it is an offence under Section 3/4/5/7 of the Immoral Traffic Prevention Act. I want to know whether prostitute’s customer commits offence if he had sex with her? Mrs X is doing some sort of Pimp/Brothel. Call Girls put their mobile no to her. Some men customers have been calling girls from Mrs X Pimp for many years. One day in the past 12 days  Mr. Maximus who was sometimes a customer in past few months got information that Mrs X was taken out from her home when two arranged partners just arrived in her home. The information said no indulgence/unclothing was yet happened about the two arranged partners. Police abducted/arrested the two women and seized Mrs. X mobile handset for investigation it said. On that past 12 day from the incident, Mr. Maximus was called by Police to record witness statements in their Station. 

Mr Maximus a govt employee felt disturbed so he denied as he never knew Mrs X as doing such. Knowing as just one acquaintance. But Police said don’t lie, we had a conversation (about your asking/giving call girl) on the seized mobile handset but Police did not show that. Police did not tell even the case number but simply said we arrested two women under human trafficking that is serious. After another 4 days i.e. 16 days from the incident day, Mr Maximus learned Mrs X was released on Bail from Jail.   

She said two of them (both women) were not in jail but only she is in jail and bailed. Police did not take them to Court/Magistrate yet from the incident day also. But she said court date hearing to be in the future 13.03.2022. She said she did not know the case number and did not get any paper from the Police so far. 

Now all circumstances/events/story had become doubtful and cannot be confirmed. (1) Is Mr Maximus govt employee status in danger? If to apply anticipatory bail when to do, how to do without actually knowing the matter & case number? Ignoring as previous customer will be good or bad. What steps are necessary. Or, does it seems the Police do things correctly and seriously? Crime of Mrs X and Customer (anyone) who are at crime and the degree of punishment?

Please advise whether I have any remedy against the conviction in violation of Section 50 NDPS Act. On 2nd April 2018 Mr. Takunichi was on his way to Changlang from Itanagar travelling in a white Scorpio bearing registration No. XXXX. His friend Mr. Dikunima was also accompanying him. On their way to Changlang, they were signalled to stop by the Assam Police on Dibrugarh Highway. Upon stopping the police inquired them as to the origin and destination of their travel. On being told that they were going to Changlang, the police sub inspector Mr. Akasuni, who is also notoriously known for extracting money from passengers asked them to open their boot space of the car so that they could conduct a check. 

Due to the frequent harassment by Assam Police over Arunachalee Passengers, Mr. Takunichi resisted the conduction of the checking and said that they were getting late for an urgent work in changlang and also drawn the attention of the police to the fact that other cars were neither being stopped nor being checked. Both of them, despite getting late, got out of the car. 

However, Mr. Akasuni conducted the search in presence of three people Mr. Hasan who was a traveller and two head constables Mr. Puri and Mr. Aminoor. Upon the search a packet was found in the boot space area underneath its cover. The packet consisted of 500 grams of opium like substance. While the packet of the substance was in the hand of the Mr. Akasuni.

Mr. Takunichi got into the car and attempted to flee the scene, on that Mr. Aminoor tried stopping Takunichi by running and standing in front of the car. However, Takunichi did not stop, he hit Aminoor and as a result Aminoor fell on the ground hitting his head. Takunichi fled the scene leaving Dikunima behind. Mr. Dikunima was arrested by the Police. Aminoor died later in the hospital due to internal bleeding as per the postmortem report. 

The sub inspector Mr. Akasuni registered an FIR numbered 000 under the provisions of Narcotics Drugs and Psychotropic substances Act 1985 (NDPS) and Indian Penal Code and handed over the accused and case to Arunachal Police at Itanagar police station, capital complex. The Incharge of the Police station was Mr. Abdul who was also a good friend of Mr. Akasuni. Mr. Abdul appointed Ms. Yami, Sub inspector as the Investigating Officer. 

A non-bailable warrant was issued against Mr. Takunichi. Later on Takunichi was arrested by Itanagar Police on 18th August 2018 and upon interrogation, he stated that he feared that Assam Police would arrest him and not afford him opportunity to talk to his relative or defence. He also stated that he feared that his Right to Life under Article 21 would be violated and that he would not be afforded his procedural rights as provided in Code of Criminal Procedure. 

Both the accused were produced before the magistrate on 20th August 2018 and investigation was initiated. A seizure report mentioning ‘seizure of Opium like substance and the car’ was prepared by Ms. Yami. The Opium like substance was sent for forensic test to the State Forensic Lab, Itanagar. As per the forensics expert the opium like substance was made by deriving the unripe seed pods of the opium poppy and that the substance was prepared as per the process called laudanum. 

Further no fingerprints were found on the packet. Upon investigation the following facts were discovered by the Investigating officer. a. That on March 15th 2018 Mr. Takunichi met his friend Mr. Takar at a café regarding some business purpose. Mr. Takar stated that in the meeting, Takunichi said that “nowadays the drug business is very lucrative and being a drug lord would make you rich beyond your imagination”. 

However, Mr. Takar however, laughed it off thinking it was just an unusual comment or joke cracked by his friend Takunichi. That Mr. Takunichi did not have a settled life and relied on contractual works for his livelihood. He was married and had two kids. However, he rarely visited his wife and children who were residing in another district. 

That the scorpio which was used for travelling by Takunichi and Dikunima was actually owned by Ms. Pilu and that Takunichi had hired the car saying that he needs to visit his family and take them to a vacation at a nearby place. Ms. Pilu denied having knowledge of Takunichi being involved in any kind of drug related cases and said that he had agreed to let Takunichi use the car since one of her friends had requested her to do so. Police did not investigate nor did they try to record statements of Ms. Pilu’s Friend. 

As per Dikunima’s statement, he had just met Takunichi in Banktinali on the day of travel and had joined Takunichi to accompany him and also visit Changlang since he had never been out of Itanagar. It was discovered that in fact, Dikunima and Takunichi had a telephonic conversation the prior day of travelling and the records showed that the duration of the call was about 15 minutes. 

The Police filed the Charge sheet as per Section 173 of Cr.P.C. The specific Fast Track Court itself took the cognizance and framed charges under Section 304 A of IPC & Section 17 and section 18 of NDPS Act and commenced the Trial. During the trial, the defence raised the grounds that the appellant was falsely implicated by the Police. Defence also pleaded that the investigation conducted was full of flaws and irregularities and that no fingerprint of the accused was found on the packet. 

Upon further investigation by the IO, it was also discovered that Mr. Takunichi had been previously convicted under Section 18 of NDPS Act in 2011 and was convicted to undergo Rigorous Imprisonment for a duration of 5 Years. The records were presented by the Prosecutor before the court. The Courts did not delay the process and additional charges were not framed. 

The trial court after hearing the parties and on the basis of the materials on record and also considering the prior conviction of Mr. Takunichi convicted him under section 31 of NDPS Act to undergo Rigorous Imprisonment of 15 years and to undergo Imprisonment of 2 Years under Section 304 A of IPC. and a fine of Rs. 5 lakhs to the victim’s wife. And convicted Mr. Dikunima under 8 (c) read with section 18 (c) of NDPS Act for Rigorous Imprisonment on Ten Years and a fine of Rs. 5 lakhs. 

Appeal was Preferred in the high Court of Guwahati Itanagar Bench by both the accused on the grounds that the prosecution has failed to prove the case beyond reasonable doubt and that the trial court has committed error in appreciating the facts and circumstance of the case. The conviction is illegal because it is passed in violation of section 50 NDPS Act. and that court erred in following the proper procedures. And that the mode of search and seizure did not stand legal scrutiny under procedural laws and additionally it was not in compliance with section 50 of NDPS. 

An additional appeal was also filed in the High Court by the Victim Aminoor’s Wife Begum Heera for inadequate sentence and inadequate compensation. The High court maintained the conviction and sentences accorded by the Trial Court. What are the issues that can be raised against the state?

One of the accused has lodged an FIR against me. The trial of that accused has been going on in the sessions court. Total three persons are accused in that case. In the subsequent case the investigation is still in progress. But the sessions court has withdrawn the case from the judicial magistrate. My advocate says that I should file a revision against the order of sessions court. Can I get any relief from the High Court?

Four accused have murdered my mother in a proeprty case. Three of them have been facing trial because a charge sheet has been filed against them. One person, a cleric, is not arrayed as accused in my case. Prosecution is protecting that accused person in murder case. One of the accused admitted that the vehicle and money was provided by said cleric. Accused have taken shelter in that cleric’s home for two months. The prosecution arrested them from his home but not mentioned in the case diary. Later on prosecution filed a charge sheet against three accused only. What should I do?

My boyfriend is torturing and sexually harassed me for five years. He thinks that his company has fired him because of me. However, he is working in another company on the same job status but he used to create problems in my job. Every time he proved me guilty. I was in mental pain for the last 5 months and I got to know that he is working without getting fired from job. Can i file a complaint against my boyfriend for mental harassment and sexual orientation?

My sister has an illegal relationship with uncle. We had a friendship with a person 1 year ago and we considered that person as uncle but that uncle got physical with my elder sister by luring her with money. Both of them have left the city and they are living elsewhere. What should I do?

I want the quashing of trap proceeding. The Maharashtra anti corruption team has trapped me without lodging a complaint or first information report. In this situation can I challenge the trap case in the High Court because the trap was without FIR? After the trap they prepared a report and submitted it to the court. The court has granted seven days judicial custody. Please suggest what I should do?