A special court under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, while granting bail to NCP leader Nawab Malik’s son-in-law Sameer Khan last month, relied on a chemical analysis report which showed that only over one kg of the 194 kg ‘marijuana’ recovered, tested positive for the drug.
The Narcotics Control Bureau had arrested Khan along with British national Karan Sajnani and celebrity manager Rahila Furniturewala and claimed they ran an international drug cartel along with others. It was on specific information the agency had raided a courier firm in Bandra East where Sajnani’s consignment was found to be sent to a person in Shillong. From Sajnani’s Khar residence, 194 kg marijuana was seized in a search. It was on his statement that Khan was arrested.
In a detailed order made available on Wednesday, the court said that the recovered contraband thus does not come within the ambit of commercial quantity under the NDPS Act. Of the 18 samples which were sent for analysis, 11 had tested negative for cannabis. The court noted that the NCB has not applied for reassessment or re-examination of the samples.
The prosecution had argued that the discrepancy in the CA report is part and parcel of the trial and can be scrutinised during the trial. The court refused to accept this argument as the report being conclusive speaks in quantum, it said. The CA report places the ascertainment of the quantity of contraband in commercial quantities “under a shadow of doubt”, it said, and added that the active constituents of cannabis and its quantum of 1.199 kg lies within intermediate quantities. “Although the prosecution has ascertained cannabis in commercial quantity, it is evident that the CA report having conclusive value propels a different theory,” special judge Dr AA Joglekar said.
The court also said that prima-facie no connivance with the co-accused could be located and nothing except the statements of Khan and his co-accused have been relied on to show his involvement. “Apart from this there is no material to specifically show the role of the applicant,” it said.
Judge Dr Joglekar remarked on a panchnama held at UP which Khan’s advocate Taraq Sayed brought to its notice. It said the complaint shows the alleged contraband to be 194 kg, while the panchnama conducted at Rampur, UP, that was not attached with the chargesheet, shows the contraband to be 189 kg. Remarking on the conduct of the investigating agency, it said this is a crucial aspect and the reason for not incorporating the panchnama is not answered till date.
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