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HC waives bank guarantee, cuts indemnity bond for release of ‘cocaine’ vessel | Bhubaneswar News – The Times of India

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HC waives bank guarantee, cuts indemnity bond for release of ‘cocaine’ vessel | Bhubaneswar News – The Times of India



Cuttack: Modifying conditions set by the trial court for the release of cargo ship MV Debi detained at Paradip port following seizure of cocaine worth Rs 220 crore on Dec 1, 2023, the Orissa high court has waived the Rs 10 crore bank guarantee and reduced the Rs 100 crore indemnity bond to Rs 75 crore.
However, the HC held that the special court under the Narcotic Drugs and Psychotropic Substances (NDPS) Act had not committed any illegality in passing the order in which the stringent conditions were set on Feb 12, 2024.
Additional district and sessions-cum-NDPS court at Kujang in Jagatsinghpur district had laid down the conditions while hearing the case of seizure of 22.22 kg of cocaine from the ship at Paradip International Cargo Terminal (PICT) berth.
Vietnam-based Asian Pacific Shipping Company, the owner of MV Debi, had filed a petition challenging the conditions imposed by the NDPS court and seeking the HC’s direction for interim release of the vessel which was seized by the Indian authorities for commission of a crime punishable under the NDPS Act.
Justice Aditya Kumar Mohapatra in his March 7 judgment said, “This court finds that the condition with regard to furnishing a bank guarantee would be a harsh condition so far as the petitioner shipping company is concerned since they are not having any bank account in India. Therefore, the condition requires reconsideration by this court. Accordingly, the condition is hereby waived.”
On the indemnity bond condition, Justice Mohapatra said the real value of the vessel has not yet been assessed by any certified valuer, but based upon the insurance declaration, the value has been arrived at Rs 100 crore.
Adopting a “reasonable approach” in the absence of valuation report by a certified valuer, Justice Mohapatra said, “Accordingly, the condition is modified to the extent that instead of Rs 100 crore, the petitioner shipping company shall now furnish an indemnity bond to the tune of Rs 75 crore and instead of one solvent surety for the like amount, they shall furnish two solvent sureties for the like amount.”
According to case records, MV Debi came from Gresik (Indonesia) to Paradip. The vessel reached Paradip on Nov 29, 2023 and commenced loading of cargo the next day. It was supposed to leave for Fredericia, Denmark. But during the process of loading of cargo, oil leakage on a crane was detected. During inspection, the cocaine packets were found affixed at a height of 57 ft to the ceiling beam of the crane operator’s cabin.
While seeking interim release of MV Debi, the shipping company had stated that as a result of the seizure, the vessel has been continuously berthed for more than one year at PICT, leading to financial loss to the tune of Rs 40 crore. Thus, a condition for release in the nature of bank guarantee would cause severe financial hardship to the company.
Cuttack: Modifying conditions set by the trial court for the release of cargo ship MV Debi detained at Paradip port following seizure of cocaine worth Rs 220 crore on Dec 1, 2023, the Orissa high court has waived the Rs 10 crore bank guarantee and reduced the Rs 100 crore indemnity bond to Rs 75 crore.
However, the HC held that the special court under the Narcotic Drugs and Psychotropic Substances (NDPS) Act had not committed any illegality in passing the order in which the stringent conditions were set on Feb 12, 2024.
Additional district and sessions-cum-NDPS court at Kujang in Jagatsinghpur district had laid down the conditions while hearing the case of seizure of 22.22 kg of cocaine from the ship at Paradip International Cargo Terminal (PICT) berth.
Vietnam-based Asian Pacific Shipping Company, the owner of MV Debi, had filed a petition challenging the conditions imposed by the NDPS court and seeking the HC’s direction for interim release of the vessel which was seized by the Indian authorities for commission of a crime punishable under the NDPS Act.
Justice Aditya Kumar Mohapatra in his March 7 judgment said, “This court finds that the condition with regard to furnishing a bank guarantee would be a harsh condition so far as the petitioner shipping company is concerned since they are not having any bank account in India. Therefore, the condition requires reconsideration by this court. Accordingly, the condition is hereby waived.”
On the indemnity bond condition, Justice Mohapatra said the real value of the vessel has not yet been assessed by any certified valuer, but based upon the insurance declaration, the value has been arrived at Rs 100 crore.
Adopting a “reasonable approach” in the absence of valuation report by a certified valuer, Justice Mohapatra said, “Accordingly, the condition is modified to the extent that instead of Rs 100 crore, the petitioner shipping company shall now furnish an indemnity bond to the tune of Rs 75 crore and instead of one solvent surety for the like amount, they shall furnish two solvent sureties for the like amount.”
According to case records, MV Debi came from Gresik (Indonesia) to Paradip. The vessel reached Paradip on Nov 29, 2023 and commenced loading of cargo the next day. It was supposed to leave for Fredericia, Denmark. But during the process of loading of cargo, oil leakage on a crane was detected. During inspection, the cocaine packets were found affixed at a height of 57 ft to the ceiling beam of the crane operator’s cabin.
While seeking interim release of MV Debi, the shipping company had stated that as a result of the seizure, the vessel has been continuously berthed for more than one year at PICT, leading to financial loss to the tune of Rs 40 crore. Thus, a condition for release in the nature of bank guarantee would cause severe financial hardship to the company.





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Karnataka HC clears BBMP engineer of inaction charges, says he followed tribunal order | Bengaluru News – The Times of India

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Karnataka HC clears BBMP engineer of inaction charges, says he followed tribunal order | Bengaluru News – The Times of India


The Karnataka High Court quashed an enquiry and charge sheet against BBMP Assistant Engineer BC Sandeep, stating that officials cannot be faulted for not acting on unauthorized constructions when a court-ordered status quo is in place.

BENGALURU: An officer of the state is required to abide by the orders of courts and tribunals. If there is an order from such a court or tribunal restraining the officer from performing any particular action, the non-performance thereof cannot be said to be a dereliction of duty, the Karnataka High Court has observed in a recent order.
Justice Suraj Govindaraj made this observation while quashing the order of entrustment of enquiry to Upa Lokayukta in March 2016 and the charge sheet issued against petitioner BC Sandeep, an Assistant Engineer with the BBMP, in July 2016.
The case against the petitioner was that in 2013, he, along with other officials of the BBMP, failed to take action against an unauthorised construction in 7th Cross, Jayanagar 1st Block, in terms of the Karnataka Municipal Corporation Act, despite the issuance of provisional and confirmatory orders in 2013.
Though his name was in the promotion list, it was not considered, citing a pending enquiry taken up suo motu by the Lokayukta.
Challenging the orders issued against him, Sandeep argued that during the three years he worked, there was an interim order of status quo issued by the Karnataka Appellate Tribunal on November 25, 2013, based on an appeal filed by the owner of the said property.
Hence, he and his superiors could not take any further action vis-a-vis the unauthorised construction/deviation in the subject property. He further claimed that he is duty-bound to follow the orders issued by the courts/tribunals as an official.
On the other hand, the Lokayukta argued that the proceedings against the petitioner needed to be continued as no action was initiated in the matter when violations were noticed.
After perusing the materials on record, Justice Suraj Govindaraj noted that both on the date of entrustment of the enquiry to Upa Lokayukta and on the date of issuance of the charge sheet, the interim order of the KAT was in operation. Hence, the petitioner could not take further action in pursuance of the confirmation order issued under Section 321(3) of the KMC Act, and the same cannot be held against him.
Quashing the proceedings against the petitioner, the judge clarified that the court has not expressed any opinion regarding the other seven persons against whom a charge sheet has been filed.





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Korean Cultural Centre India Hosts Enriching Event for Underprivileged Children | – The Times of India

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Korean Cultural Centre India Hosts Enriching Event for Underprivileged Children | – The Times of India


A live performance of the Korean folktale Sim Cheong, presented by Indian artists from Theatre I Entertainment Trust. The story, centred on a young girl’s devotion to her blind father, was well received by the children.

As part of its ongoing efforts to bring Korean culture closer to underprivileged children in India, the Korean Cultural Centre India (KCCI) recently hosted a special event for 50 children from Chehel, a Delhi-based NGO. The children, aged between 5 and 15, were treated to a day filled with cultural activities at the KCCI. The experience included trying traditional Korean dishes, wearing the Hanbok (Korean traditional dress), and enjoying Korean games like Jegi, Tuho, and the Stone Tower game. They also visited exhibitions on K-content and webtoons and enjoyed a vibrant Samulnori performance — a Korean percussion music tradition. A Taekwondo demonstration added energy to the event, with children even trying out a few moves themselves.
A major highlight of the programme was a live performance of the Korean folktale Sim Cheong, presented by Indian artists from Theatre I Entertainment Trust. The story, centred on a young girl’s devotion to her blind father, was well received by the children.
Over the past two years, this theatre group has performed Korean folktales at 12 schools across India, reaching more than 2,600 students. They have also staged a musical based on the tale of Queen Heo.
Speaking about their experience of the event, 14-year-old Aradhana said, “This is the first time I’ve witnessed such a cultural performance. Sim Cheong’s courage and love for her father was truly touching.” It was not only the students who enjoyed the performance, but also the volunteers of the Delhi-based NGO. Santosh Kumar, one of the volunteers said, “It is rare for underprivileged children to have the opportunity to gain such holistic experience of a culture that is different from their own. The various activities planned over here made this entire experience very meaningful and diverse.”
Hwang Il Yong, Director of the Korean Cultural Center in India, said, “Rather than offering a one-time material support, we felt our role was to enrich students’ cultural and artistic literacy through education and immersive content. It was truly rewarding to see the joy on the faces of the children and volunteers. I hope this event will provide more opportunities for Indian students to experience Korean culture reimagined through their own lens.”





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‘Your voice is anyway too loud’: Asaduddin Owaisi says Kiren Rijiju ‘joked’ about excluding smaller parties from Pahalgam meet | Hyderabad News – The Times of India

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‘Your voice is anyway too loud’: Asaduddin Owaisi says Kiren Rijiju ‘joked’ about excluding smaller parties from Pahalgam meet | Hyderabad News – The Times of India


AIMIM chief Asaduddin Owaisi (File photo)

NEW DELHI: AIMIM chief Asaduddin Owaisi on Thursday appealed to Prime Minister Narendra Modi to extend invitations to all political parties, regardless of their strength in Parliament, for the upcoming all-party meeting on the Pahalgam terror attack.
In a social media post, the Hyderabad MP revealed that he had spoken to Union Minister of Parliamentary Affairs Kiren Rijiju on Wednesday night. According to Owaisi, Rijiju indicated that the NDA government was considering inviting only parties with “five or 10 MPs” to the meeting.
Owaisi further stated that when he questioned why parties with fewer MPs weren’t being included, the minister responded that the meeting could become “too long” and “joked” that AIMIM leaders’ “voice is anyway, too loud”.
“Your own party (BJP) does not have a majority. Whether it is a party with 1 MP or a 100, they were both elected by Indians and deserve to be heard on such an important matter. This is not a political issue, it is a national issue. Everyone must be heard. I urge Narendra Modi to make this a real ALL Party Meeting, every party with an MP in Parliament must be invited,” Owaisi said in his post.
The Centre is scheduled to hold an all-party meeting on Thursday evening, where leaders from various political outfits will be briefed on the terror attack and given the opportunity to share their views.
Defence minister Rajnath Singh is expected to chair the meeting, while both he and Home Minister Amit Shah will provide a detailed briefing, according to official sources.
Emphasising the importance of inclusivity in matters of national security, Owaisi said, “It is not a BJP’s or another party’s internal meeting, but an all-party meeting to send a strong and united message against terrorism and those countries that harbour terrorists.”
He added, “Can’t Narendra Modi spend an extra hour to hear the concerns of all parties?”
The Pahalgam terror attack
In the most brutal terror attack in Jammu & Kashmir since Article 370 was revoked in 2019, at least 28 tourists were killed and many more injured on Tuesday afternoon.
The Resistance Front (TRF), a Pakistan-sponsored offshoot of the banned terror outfit Lashkar-e-Taiba (LeT), has claimed responsibility for the assault. According to eyewitnesses, six suspected foreign militants disguised in Indian Army uniforms carried out the ambush around 1:30 pm. Survivors said the attackers asked people to recite Islamic verses before shooting them at point-blank range, indicating they selected their targets based on religious identity.
The attack coincided with high-level diplomatic engagements—US Vice-President JD Vance arrived in India the same day for a four-day official visit, while Prime Minister Narendra Modi was in Saudi Arabia to strengthen bilateral ties with the Gulf kingdom.
Adding to the already tense backdrop, Pakistan Army chief General Asim Munir had recently delivered a provocative speech, further straining relations between the two nations.
Security experts believe the timing of the attack was calculated to draw international attention and depict Kashmir as a volatile conflict zone that demands global intervention.





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