After the Arms Act case, Monir Hossain alias ‘Golden’ Monir was acquitted under the Special Powers Act. Justice Tehsin Iftekhar gave this verdict last Sunday of Dhaka’s seventh additional metropolitan session.
The Special Powers Act
Case was filed concerning the recovery of gold and money. According to information in the judgment, RAB seized Tk 1 crore 9 lakh, eight kg gold, and foreign currency from Monir’s house and business in Badda through legitimate earnings.
The prosecution failed to prove the Special Powers Act charges brought against Monir conclusively.
However, the prosecutor is handling the case for the state. Mahbubur Rahman argued that justice was not done in the verdict.
RAB arrested Monir
On November 20, 2020, in a raid at Merul Badda’s residence in the capital.
At that time, a foreign pistol, 4 liters of foreign liquor, 32 fake seals, foreign currency worth over 8 lakh rupees, huge gold ornaments, and 1 crore 9 lakh rupees were seized.
In this incident, RAB filed three cases at Badda police station under the Arms, Narcotics, and Special Powers Act. Later, the Criminal Investigation Department (CID) of the police filed another case under the Prevention of Money Laundering Act.
The Anti-Corruption Commission (ACC)
Filed a case against Monir for acquiring wealth beyond the declared income.
Of the three RAB cases, Monir was acquitted in the arms case on February 5 by the then Dhaka Metropolitan Sessions Court judge. Asaduzzaman. He was acquitted last Sunday in the Special Powers Act case.
In the case of drugs, evidence is taken by the RAB. CID case under investigation, ACC file in court.
Paid in gold recovery case
In ruling the RAB case after the recovery of gold and money, the court highlighted the testimony of two local witnesses, security personnel Mobarak Hossain and drug dealer Emad Uddin.
Witness Emad Uddin told the court that on November 19, 2020, some RAB vehicles came around 9:30 or 10 am.
The RAB members then asked him to visit Monir’s house around 11.30 pm. Later, the RAB members took his signature on a white paper while staying at Monir’s house around 12:30 pm. He was kept at Monir’s home for 11 hours.
Mubarak also told the court that his signature was on white paper.
Another witness in the case, Abdul Hamid, was the manager of Monir’s car dealership.
He told the court that RAB members visited the sales center around 10.30 pm. Later, they took two cars (Nissan cars) from there.
A signature on the white paper was also forcibly taken from him.
Another sales center employee, Abul Kalam, told the court that he was asked to sign the white paper.
In the verdict, the court said that five witnesses, including the drug dealer, did not support the prosecution’s case, but the state did not declare these five witnesses as adverse witnesses.
Highlighting the decision of the High Court,
the court said in its verdict, “Search in the presence of witnesses should not be regarded as a mere formality.
” Rather, they must witness the entire police search.
You must be able to see clearly where each thing comes from.’
Citing relevant sections of the Criminal Procedure Code in the judgment, the court said any search or seizure without strict compliance with the provisions of the law would be considered illegal.
The deposition of five witnesses,
Including the drug dealer, proved that they were not eyewitnesses to the RAB search. They needed to see where the evidence was taken.
of Police (the then Inspector of DB) Abdul Malek, stated in the deposition given to the court as a witness that the time of the incident was mentioned in the case statement between 6:30. am and 10:45 am on November 21, 2020.
And the case was filed at Badda police station
The next day (November 22, 2020) at 6 am. He cannot say where the accused Monir stayed between the operation’s conclusion and the statement’s filing.
In its decision, the court held that explaining the delay in classifying the case and the time required to draw up the seizure list wasneeds to be more clear and certain.
Two journalists from two private television channels testified in the verdict.
One of them said that on November 20, 2020, at 10:30 pm, RAB raided Monir’s house. The next day, a press conference was held because
