Mumbai, June 15: Actor may evade tough punishment if forensic report concludes that actual weight of cocaine in the 9 gm of contraband allegedly seized from him is less than 2 gm
Actor Fardeen Khan, arrested more than eight years ago for allegedly possessing contraband, may not have to spend years in jail if laboratory analysis of the seized substance reveals a low percentage of cocaine in it.
Fardeen’s co-accused in the case has filed an application before the special drugs court, seeking a forensic report to find exactly how much of the nine grams of contraband seized from the actor is actually cocaine. If it is found to be less than two grams—considered a ‘small quantity’ under drug laws—the worst that Fardeen and his two co-accused may face is a six-month jail term.
The Narcotics Control Bureau (NCB) had arrested Fardeen outside a Juhu ATM on May 5, 2001 for possessing cocaine. Nasir Shaikh, who allegedly sold him the drug, and Tony Gomes, who allegedly supplied it to Shaikh, were also arrested. While Fardeen claims he had ‘attempted to buy only one gram of cocaine’ from Shaikh, the NCB alleges that nine grams of cocaine were found on Fardeen and Shaikh.
In his application filed before the special Narcotics Drugs and Psychotropic Substances (NDPS) court on Thursday, Gomes claimed that the NCB had not submitted a report indicating the actual percentage of cocaine in the seized substance. His plea requests the court to direct the NCB to send it for chemical analysis to determine “the actual percentage of cocaine”. The plea adds that according to the 2001 amendment to the NDPS Act, punishment for possessing cocaine was rationalised on the basis of “small quantity (up to two grams), non-commercial (3 to 100 grams) and commercial (above 100 grams)”.
Last January, the special sessions court had given Fardeen a major reprieve, ruling that he would be tried only on charges of possession of one gram of cocaine-a ‘small quantity’. However, the NCB moved an appeal against the order before the HC, the order on which is still pending. The NCB is still pressing for Fardeen to be charged for possession of nine grams of cocaine under which he could face a minimum of ten years imprisonment. The seized contraband is presently in the NCB’s custody, as charges have not yet been framed in the case.
Gomes’s lawyer Shekhar Bhandari said, “In several HC and Supreme Court judgements, conviction of the accused in drugs cases is determined on the basis of crucial percentage reports. If the test shows that the percentage of cocaine in the seized drugs is within the purview of small quantity, then the accused will be greatly benefited.”
Fardeen’s lawyer Ayaz Khan too said that latest judgements of the Supreme Court have considered the actual weight of incriminating drugs for prosecution and sentence. “Seeking this forensic report is the right approach, and this will be beneficial for Fardeen too,” Khan added.
Public prosecutor Usha Sisodiya said that she will file her reply to the plea on Tuesday.
—–Agencies