Tag Archives: Drunk

Prosecution Fails to Prove if Salman Was Drunk or Driving: Bombay HC

Agen Sabung Ayam

MUMBAI: MUMBAI: Dictating its verdict in the 2002 strike-and-operate situation involving Bollywood star Salman Khan, the Bombay Higher Court docket nowadays observed that prosecution experienced unsuccessful to show that the actor experienced eaten liquor and was driving the Toyota Land Cruiser when the mishap transpired.        

The dictation of the verdict on Khan’s appeal, which continued for the 3rd day, is very likely to finish tomorrow when the destiny of the forty nine-12 months-outdated actor would be determined. Justice A R Joshi, who heard Khan’s attraction against the 5-calendar year sentence awarded to him by a classes court, also expressed uncertainties more than the statement of eye witness Ravindra Patil, previous law enforcement bodyguard of of the actor, recorded by a Magistrate, in which he had implicated the actor.         

The Choose explained that he (Patil) was a wholly unreliable witness because he had made improvements subsequently in his assertion provided to a Justice of the peace. In the FIR filed quickly soon after the mishap, he did not implicate Salman but in the statement he explained that Salman was driving underneath the impact of liquor.         

The Judge also expressed a check out that the prosecution need to have examined Kamaal Khan, singer pal of Salman, who was with him in the vehicle when the mishap occurred on September 28, 2002. The court docket was delivering judgement on the third working day in a row on an attraction filed by Salman from the 5-calendar year sentence awarded to him by a Mumbai Sessions Court on Might 6.        

As significantly as the deposition of Ashok Singh, the loved ones driver of Salim Khan, is concerned, it was as for every policies and laid down techniques of felony legislation, the court docket mentioned.   “….this court docket has come to the summary that the prosection has unsuccessful to bring substance on record to establish beyond reasonable question that the appellant (Salman Khan) was driving and was beneath the impact of alcoholic beverages, also, no matter whether the accident transpired owing to bursting (of tyre) prior to the incident or tyre burst right after the incident…,” Justice Joshi remarked.        

The courtroom created these observations whilst dwelling on citations of the Bombay Higher Court docket and the Supreme Courtroom in a related scenario pertaining to Alister Pereira and the applicability of part 304, Portion II (culpable murder not amounting to murder) under which Salman was convicted.

On admissibility of Patil’s assertion whose evidence was recorded by a Justice of the peace, the Decide stated, “When that was done, the case was being tried out in a Magistrate’s court underneath area 304 A (leading to demise by negligence) which attracts a maximum jail time period of two a long time or fantastic or both, although when it was tried out in Classes courtroom, it was beneath segment 304 Element two IPC (culpable homicide not amounting to murder) which attracts jail time period upto ten many years and fantastic.

“….the applicability of this proof tendered ahead of Magistrate’s court underneath segment 33 of Indian Proof Act cannot be taken as fullfilled in Sessions Court as the elements of the offence are various,” noticed the Decide.

On Patil’s assertion, the court said he has enhanced his assertion considerably. “In the FIR on September 28, 2002, hrs soon after the incident, he has not explained anything about alcoholic beverages but he mentions this on Oct 1, 2002, in his supplementary statement….then he also mentioned that he requested (to Salman Khan) whether he would push the car and also asked him to gradual down,” he explained.

Justice Joshi more mentioned, “…unnatural on component of perform of Patil to say so a lot of things that he has not said in the FIR, there has been a content enhancement on drunkeness and asking Salman to generate slowly….it is more strange from this witness.”

“The identify of Ashok Singh has appear on document and that he was a driver in the employment of Salim Khan, the father of appellant-accused….apart from, PW-27 (Inspector Kishan Shengal) has explained that he experienced interrogated Ashok Singh and his assertion was not recorded,” the Decide mentioned.

The Choose drew adverse inference against the law enforcement for “withholding actor-singer Kamaal Khan from coming to the witness box.”

“Essential adverse inference wants to be drawn,” Justice Joshi explained, introducing that non-examination of  an eye-witness is harmful to the circumstance of the prosecution until he is not accessible or won above,” he explained.

“The process (of summoning Kamaal) was issued at his outdated Mumbai tackle that he gave when his assertion below 161 Cr.Pc (before a Justice of the peace) was to be recorded in 2002 – and not the address that he provided to the Magistrate’s Court in 2008 – when he sought permission to go abroad.

“(His) corroboration could have been acquired on the concern of driving and drunkenness,” the Decide stated, including that his (Kamaal’s) evaluation could have introduced to gentle the problem of fourth particular person in the automobile, driver Ashok Singh. “Only an apparant futile try was produced to deliver him,” Justice Joshi remarked.

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Drunk Russian sailor crashes 7,000-ton ship into Scotland

Bandar Sabung Ayam

Story highlights

  • Russian mariner drank fifty percent a liter of rum, then started his change in sole cost of cargo ship, report suggests
  • Report: Quantity of liquor eaten brought on him to fall short to plot essential program adjustments

Do not put him in demand of a seven,000-ton, 423-foot (129-meter) cargo ship, for starters.

That is how a Russian mariner who drank 50 percent a liter of rum before function, according to investigators, managed to crash into the coast of Scotland final wintertime — at entire pace.

The Lysblink Seaways was on its way from Belfast, Northern Eire, to Skogn in Norway when it slammed into the rocky shoreline close to Kilchoan on the Ardnamurchan peninsula at about two:30 a.m. on February 18.

When the ship was salvaged, it was so badly ruined that it had to be scrapped.

Eight instances the limit

An investigation into what happened discovered that the vessel’s 36-yr-outdated main officer — the sole watchkeeper at the time of the crash — had grow to be “inattentive … due to the results of alcohol intake,” the UK’s Marine Incident Investigation Department mentioned in a report released Thursday.

Whilst off duty in his cabin, the officer created a non-public phone phone which “triggered him nervousness, soon after which he consumed about .five liter of rum,” the report added. Fifty percent a liter is about seventeen ounces.

He then started out his observe at midnight as the sole officer in cost of the vessel.

The amount of liquor the officer consumed triggered him to are unsuccessful to plot essential system changes, the report stated — and the ship’s navigation alarm technique, which could have alerted the rest of the crew to his incapacity, had not been switched on.

A breath examination taken by the main officer a number of several hours after the accident discovered his breath liquor at 2.seventy one mg/ml — almost 8 instances the British isles limit for expert seafarers. (The blood alcohol content would be .27 in U.S. terminology.)

Zero liquor rule? Flouted

The ship’s proprietor, DFDS, has a zero tolerance alcoholic beverages policy on board and was supposed to have out random alcohol and drug testing.

But the investigation identified that the Lysblink Seaways carried a bonded store, which integrated a inventory of spirits, beer and wine, and crew associates typically flouted the zero alcoholic beverages rule.

“Documents confirmed that the bonded store was frequently replenished, and vacant beer, wine and spirit bottles and cartons located on board right after the incident indicated important levels of alcohol consumption by the crew,” the report explained.

There was also no evidence that any random liquor exams had been carried out on crew users.

But also a lot rum wasn’t the only point that contributed to the incident, which induced the ship to leak twenty five tons of marine gas oil into coastal waters.

The investigation also discovered very poor navigational methods and a lack of manage actions — which, experienced they had been in spot, could have prevented the crash.

The report didn’t incorporate any tips as it explained the ship’s proprietor had already taken motion, including removing bonded merchants from vessels and seeking into the random alcoholic beverages tests routine.

‘No justification for it’

Gert Jakobsen, a spokesman for DFDS, informed CNN: “It truly is not a scenario we have seen ahead of, and there is no excuse for it in any respect.

“Everybody (in the organization) is aware the effects of obtaining alcohol in the blood or getting in possession of liquor on board. …The officer in cost was fired.

“We’re happy that no folks ended up injured during this very unsafe predicament.”