NDPS court reserves order against Fardeen Khan for Feb 28

MUMBAI: The Special NDPS court on Wednesday heard the Bollywood actor Fardeen Khan plea seeking immunity from prosecution in a case registered against him in 2001 under The Narcotics and Psychotropic Substances ( NDPS) Act and reserved its order for February 28.

Fardeen khan was arrested by the Narcotics Control Bureau ( NCB) outside an ATM on the Juhu- Tara Road on May 5, 2001, for allegedly trying to buy cocaine from alleged drug peddler Nasir Shaikh, a co- accused in the case.

Appearing for the Fardeen Advocate Ayaz Khan argued that Fardeen was caught while attempting to purchase cocaine. " The medical report also suggests that since last few months before his arrest he had been consuming the substance, he was dependent on it. It was because of that very reason he wanted to buy a small quantity for consumption," he said. Khan further argued that as per section 64A of the NDPS Act, 'any addict'charged with offences involving small quantities of narcotics drug, who 'voluntarily seeks to undergo medical treatment for deaddiction'from a hospital recognised by the government can be given immunity from prosecution.

As per the requisite of the provision, Fardeen had undergone a detox programe at a city civic hospital, Khan pleaded in the court. However the prosecution said that the immunity can not be granted for lifetime. If Fardeen is caught again and booked under NDPS, the present case would be tried as a fresh case. The matter further posted on February 28.