Mumbai court acquits two businessmen in 16-year-old Malad firing case

Dilip Bombaywala (right) with advocate outside Borivli Court. PIC/BY SPECIAL ARRANGEMENT

In a relief to two businessmen, a local court in Borivali has acquitted them of a 16-year-old criminal case related to allegedly firing in the air and violating the Arms Act. Dilip Kanhaiyalal Bombaywala, 53, and Pratik Rasiklal Goradiya, 57, both residents of South Mumbai, were arrested in 2010 by the Malad police for endangering human life and firing in the air.

The incident

The incident occurred on September 22, 2010, when Bombaywala, Goradiya and a friend, had gone to Garden View Bar at Link Road in Malad West. All three were under the influence of alcohol. According to the police, Bombaywala removed the pistol and fired in the air. Later, Goradiya took the weapon from Bombaywala, and he also fired into the air. Police reported seizing a pistol and six bullets from Bombaywala as well as another pistol and a live cartridge from Goradiya.

Advocate Speak

Defence Advocate Sunil Pandey told the court that the police lacked concrete evidence. "The Malad police falsely arrested my clients. No evidence was found, and no proper investigation was done. At the time of the incident, three individuals were present. The police released the third person while only arresting both clients. They didn't fire in the air, and their pistols were not matched with seized bullets," he said.

Valid arms licence

Advocate Pandey argued that Bombaywala was a holder of a valid arms licence. The mere possession of a licensed firearm does not constitute an offence under section 30 of the Indian Arms Act, he said. "The allegations of firing in the air are not supported by scientific evidence, viz., no GSR test, no spent cartridges, no ballistic report, no video, and no CCTV evidence," said the lawyer. The court accepted the bail plea.

Sept 22
Night the incident occurred in 2010