MUMBAI: A particular court docket right here which granted bail to Maharashtra minister Nawab Malik‘s son-in-law Sameer Khan has noticed that there was no proof to determine that Khan was concerned in drug trafficking.
Particular choose for Narcotic Medication and Psychotropic Substances (NDPS) Act instances A A Joglekar granted bail to Khan and two others final month. An in depth order turned accessible on Wednesday.
Khan, son-in-law of Nationalist Congress Party chief and Maharashtra minority affairs minister Nawab Malik, was arrested on January 13, 2021, by the Narcotics Management Bureau (NCB) for alleged possession of medication.
The prosecution alleged that Khan was a part of a drug syndicate and concerned in peddling in addition to consumption of the contraband.
Within the ruling on his bail plea, the court docket identified that as per the chemical evaluation (CA) report, hashish was not detected in 11 samples, and therefore “principle of the prosecution with regard to the invoking of part 29 fails.”
Part 29 of the NDPS Act offers with abetment or being a part of a felony conspiracy to commit offences listed underneath the Act.
The court docket additional famous that the NCB didn’t deliver on file something to show conspiracy at the very least prima facie (on the face of it).
“It’s evident that when the CA report relied upon by the prosecution is adverse, no cost underneath part 27 A will be sustained,” it additional mentioned.
Part 27 A offers with punishment for financing illicit site visitors and harbouring offenders.
The NCB has claimed that the accused conspired to obtain, promote and transport 194.6 kilograms of ganja (hashish).
Khan and 5 others have been coping with ‘business portions’ of the drug which carries a most punishment of 20 years, the central anti-drug company claimed.
Beneath the NDPS Act, punishment is milder when the amount of the drug is small; when it exceeds a sure restrict, it’s categorized as ‘business’ and attracts stricter punishment.
Khan, in his bail software, had cited a forensic lab report which mentioned 11 of 18 samples despatched to it had no hint of hashish.
The NCB is more likely to strategy the excessive court docket to problem the bail order, prosecution sources mentioned.
In opposition to the backdrop of a current raid by the NCB on a cruise ship off Mumbai coast throughout which actor Shah Rukh Khan’s son Aryan was arrested, Nawab Malik earlier within the day alleged that the company had “malafide intentions” and was concerned in “selective leaks” to border up individuals.

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