Nooriya should have been booked for murder: prosecution

Haveliwala,a Colaba based beautician,was arrested on January 30 from Marine Lines. On her way back to Colaba residence she lost control of Honda CRV and hit a bike and a police jeep. Biker Afzal Maknejia (35),who had been stopped at random by police on a drive to check drunken driving,was killed on the spot while assistant sub inspector Dina Nath Shinde (40) succumbed to injuries at a hospital.

Haveliwala’s blood sample showed an alcohol content of 169 mg/100 ml and forensic tests of her blood and urine samples had shown presence of cannabis and morphine in her blood.

Her lawyers have argued on the technical aspect of her arrest. On Tuesday,a list of nearly 15 citations from the Supreme Court touching upon various mistakes that the police made while arresting her was furnished by the defence.

One such mistake pointed out by the defence was that her arrest was made after the sunset and before the sun rise without a woman constable to escort her to the police station. “The prosecution’s attempt of gaining custody under NDPS Act can be argued as she was not found in possession of any drug. Only consumption of drug is a bailable offence,” defence lawyer Renuka Laxmeshwar had earlier argued.