Nooriya drank and drove but didn’t kill intentionally: HC

The court observed this is a case where the vehicle was driven under the influence of alcohol and with knowledge of this,but not with an intention to kill anyone. “It is a very sad and tragic case,” Justice RS Mohite said. Haveliwala may not be allowed to drive,the court said.

“If you can show this is a case for life imprisonment then we will look into it seriously,” the court told the state,directing it to file a reply before the next hearing on Thursday.

The judge concluded that this is a case where maximum punishment can be 10 years.

Justice Mohite had referred to the Alister Pereira case in which a division Bench had made the same conclusion. “This is a very serious case. No doubt about it,” Justice Mohite said.

Additional public prosecutor A S Gadkari had said investigation is on and Nooriya’s case is not one of a simple accident. “What’s there to investigate now?” the court asked.

Gadkari said Haveliwala was under the influence of drugs,but the court said the stringent provisions of the NDPS Act wouldn’t be applicable in the case.

Two of the victims of the accident,including a constable,have moved court against the bail plea.

The accident involving Haveliwala,a US citizen,happened on January 30. Her car killed a biker,Afzal Ibrahim,35,and a policeman,Dinanath Shinde,46,who was testing drivers for drunken driving.