The Tribune, Chandigarh, India - Chandigarh Stories

COURTS

3 acquitted in drug case
Tribune News Service

CHANDIGARH Feb 1 — A Chandigarh Police head constable, along with a constable, and another suspect, accused of possessing charas, were today acquitted by UT Additional District and Sessions Judge G.S. Sandhu.

The accused — head constable Balram Singh, constable Davinder Singh and mechanic Ramesh Kumar — were earlier booked by the Chandigarh Police under Section 20 of the Narcotic Drugs and Psychotropic Substances Act.

According to the prosecution, two kilograms of the drug was recovered from a bag being carried by the accused coming on a scooter. The prosecution had added that a secret information regarding the drug being “retained” by the accused had earlier been received.

When confronted with the incriminating evidence against them, the accused had, on the other hand, stated that they had been implicated in the case. Claiming to be innocent, they had asked for a trial.

Today, pronouncing the orders in the open court, the Additional Sessions Judge observed: “I am of the view that there are material contradictions and doubtful circumstances in the case of the prosecution which can not be ignored. All these make the prosecution story unacceptable”.

The Additional Sessions Judge further observed: “I am of the view that the prosecution has failed to prove its case and to bring home the guilt. Accused are entitled to acquittal and are acquitted”.

Convicted for selling cylinder in black
Tribune News Service

CHANDIGARH, Feb 1 — Convicting delivery-man Chhote Lal for selling a domestic gas cylinder, priced at Rs 150.70, to “a person not authorised to purchase” after charging about Rs 50 extra, UT Additional District and Sessions Judge Mr S.S. Lamba today sentenced both the buyer and seller to rigorous imprisonment for one year, besides imposing a fine of Rs 1,000.

Pronouncing the orders in the open court, the Additional District and Sessions Judge observed: “The prosecution has been able to prove beyond doubt that Chhote Lal has sold domestic cylinder in sum of Rs 200 against the sale price of Rs 150. 70 to a person who was not authorised to purchase the cylinder”.

In his detailed order, the Additional District and Sessions Judge also observed: “Both the accused have contravened Rule 6 of a notification dated August 3, 1993 and have, therefore, contravened the provisions of Section 7 of the Essential Commodities Act. Both of them, as such, are held guilty and are convicted accordingly”.

The two were earlier booked by the Chandigarh Police under the Essential Commodities Act after Food and Supply Inspector, in a complaint, alleged that the accused had violated the provisions of the “LPG (Regulation of Supply and Distribution) Order, 1993”.

Pardeep Kumar, the Inspector had added, had disclosed that Rs 200 had been paid by him for the gas cylinder refill to Chhote Lal of a Sector 35 gas agency.

Earlier during the proceedings, the accused, when confronted with the incriminating evidence against them, had denied the allegations. Claiming to be innocent, they had asked for a trial.

RI in bounced cheque case
Tribune News Service

CHANDIGARH, Feb 1 — The UT Judicial Magistrate (First Class), Mr Jasbir Singh, has sentenced a Panchkula resident to one-year rigorous imprisonment, besides imposing a fine of Rs 1,000 in a bounced cheque case.

Pronouncing the orders, the Judicial Magistrate also directed Parmod Kumar to undergo rigorous imprisonment for another month in default of payment.

In a complaint, Amikaran Fastners of Sector 18 had earlier alleged that a cheque for Rs 85,000 issued by the accused was returned by the bank with remarks "insufficient funds". The amount was not paid even after legal notice was served on the accused.

The accused, when confronted with the incriminating evidence against him, had, on the other hand, denied the allegations. Claiming to be innocent, he had asked for a trial.

Fake licences: 700 cases pending in court
From Gautam Dheer
From Our Correspondent

PANCHKULA, Feb 1 — One of the main impediments in compromising insurance claim cases between the insurance companies and the insured are the fake driving licences possessed by the drivers at the time of an accident. An estimate by these public sector insurance companies reveals that out the total claim cases made in the region so far, about 40 per cent are reportedly hanging fire as a result of disputes owing to fake driving licences.

Legal sources in the insurance sector reveal that as a result of the scores of fake driving licences, almost 700 cases of appeals are today pending in the Punjab and Haryana High Court. Sources add that the district and adjoining areas account for 7-10 per cent of dispute cases relating to fake driving licences. Some of these are pending in appeals in the courts and Lok Adalats and others being settled ‘off the records’.

The Act lays down that a minimum third party insurance cover is mandatory for vehicles plying on the roads, termed as the ‘third party insurance’ or the ‘act insurance policy’. The Act provides protection in regard to injury or loss of life to the third party involved in the accident. The insurance sector under the ‘contract of indemnity’ and the General Insurance National Act has the social responsibility towards the claimants. However, it is handicapped to shed out the damage claims as a result of its contract regulations, which prohibit the issue of claim under circumstances of fake driving licence.

The Act states that a person authorised on behalf of the insured must by all means process a valid and effective driving licence at the time of an accident, and should not be disqualified from holding such a licence. The regulations which are rightly taken as a defence by the insurance companies, cause a delay in disposal of all legitimate claims, especially third party , despite all good intentions of the companies . The options hence available with the companies — a compromise or a contest.

Sources reveal that the insurance companies have to pay crores of rupees as settlement amounts. As many as 2000 appeal cases, pending since years, have been settled in Lok Adalats by the insurance companies between January, ‘98 and January, 2000. Most of these fake driving licences could be reportedly obtained from the North Eastern states, towns of UP and Haryana. Thanesar in Haryana is well notorious for for issuing fake licences, as once earlier, all the records were reportedly burnt in an accident.

Agents in the area, dealing in this trade, find it easy to forge a driving licence for vested gains on a back date, which becomes impossible for the insurance companies to verify its authenticity. Insurance sources are apprehending the cyclone-hit towns of Orissa, to become yet another Thanesar, for issuing fake driving licences. The process followed by the insurance companies to verify the authenticity of the driving licences, through investigators and other sources, fails on account of procedural lapses in regard to relevant feedback from the original licensing authority.

The issue of insurance claims, especially third party, and its legal implications in circumstances of a fake driving licence, is wide open in the courts. A few years ago,in a verdict by the Punjab and Haryana High Court, the Division Bench in a case (National Insurance Vs Sucha Singh), stated that if a fake driving licence is renewed by an authorised licensing authority, the licence becomes a ‘good licence’. In another case, the High Court interpreted that the insurance company shall not deny the claimant from his legitimate rights in regard to insurance claim. However, the company is authorised to recover the damages from whosoever had perpetuated the fraud in regard to fake driving licence.

In another case (United Insurance Vs Gian Chand), the Supreme Court stated that the insurance company will not be liable to pay the claim, if the circumstances prove a ‘deliberate breach’ of contract on part of the claimant and vice-versa. The law points, keeping in view the various orders of the courts from time to time, have been exploited as per the circumstances, both by the claimants and the insurance companies.

The local licensing authority has failed to ensure a check on the malpractices in regard to issue of driving licences, which are not difficult to procure.

Bail plea in fake currency notes’ case dismissed
Tribune News Service

CHANDIGARH, Feb 1 — Colony No 5 resident Rohtash’s bail application in the counterfeit currency notes case was dismissed by the UT Additional District and Sessions Judge, Mr S.S. Lamba, here yesterday.

He was booked by the Chandigarh police on January 19 for using forged or counterfeit currency notes as genuine and for possessing forged or counterfeit currency under Sections 489-B, 489-C, 420 and 120-B of the Indian Penal Code.

According to the prosecution, the accused had handed over a forged Rs 500 note to Kamlesh for giving it to complainant Ravi Kumar for a leather belt the two had purchased.

The prosecution had added that Rohtash had managed to slip away, while the woman was apprehended, after the complainant got suspicious regarding the currency note being forged.

Seeking his release on bail, the counsel for the accused had stated that Rohtash was being implicated in the case. The currency note was handed over without the knowledge of it being counterfeit. Counsel had added that the accused had no role to play in the incident.

Panchkula resident gets bail
Tribune News Service

CHANDIGARH, Feb 1 — Granting bail to a Panchkula resident, accused of attempting to kill a person claiming to be his brother-in-law, the UT District and Sessions Judge, Mr B.S. Bedi, today directed him not to enter the sector where the injured lived.

Pronouncing the orders in the open court on accused Aman’s plea, the Sessions Judge said, “While on bail, he shall not enter Sector 2 of Panchkula where Sanjay Bhardwaj (complainant) has got his residential house and in Industrial Area where he is stated to be working.”

In his detailed order, the Judge said, “The applicant has been in custody for more than five weeks and Sanjay Bhardwaj (complainant) has been discharged from the hospital.”

The accused was earlier booked by the police for attempt to murder under Sections 307 and 34 of the Indian Penal Code. According to the prosecution, the accused had stabbed the complainant after stopping his mobike. Sanjay, the prosecution had added, was having strained relations with the sister of the accused, as the marriage had not been accepted by the girl’s family.

Seeking his release on bail, the defence counsel had said in the court that the applicant had “either self-suffered or self-inflicted the injury”.

CULTURE

Himalayan images in black ink
Tribune News Service

CHANDIGARH, Feb 1 — Drawings in black ink that outline the structures in the Himalayan region sometimes serve as interesting and delightful illustrations for coffee-table books, but, sometimes fail to impress when put up in an exhibition. Structural Heritage of Himalyan Tribe, an exhibition of drawings on this theme by Him Chatterjee, which opened today at the IndusInd Art Gallery, Sector 8, failed to attract.

Some very intricate work has been undertaken by the artist, but the soul seems to be lacking in his drawings. The exhibition, featuring 22 works, appears to be a bit too structural and a simple documentation of places and locations.

With the human element missing in all his drawings, the spirit of animation and liveliness is wanting. Him, who is presently heading the Department of Visual Arts of Himachal Pradesh University in Shimla, and says that he loves to trek, is essentially a landscape painter. However, the embellished hues found in other landscapes are lacking in Him’s works. This is because of the use of only black ink, but, the emphasis on too much detail of only the architecture of various frameworks and the arrangements of buildings found in the Himalayan region.

The exhibition was inaugurated by Dr D.C. Bhattacharya, Chairman of the Department of Fine Arts in Panjab University, and is on view till February 15.