No case of illegal drug trafficking and conspiracy against Sameer Khan, son-in-law of Nationalist Congress Party (NCP) leader Nawab Malik, a special court has said in its detailed bail order.
Khan, arrested in January, along with two others, got bail last month.
The Narcotics Control Bureau (NCB) had claimed that the accused – Khan, Raheela Furniturewalla and Karan Sejni – conspired to buy, sell, purchase and transport 194.6 kg of ganja and 6 CBD (cannabidiol) sprays, which were taken as commercial quantities. was classified.
Relying on the report of the Chemical Analyst (CA) submitted by the NCB on the seizure attached in the chargesheet filed against the accused, the court observed that Sections 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act related to financing and illegal Is. The drug smuggling and conspiracy against Khan could not be sustained.
“It is pertinent that the applicant accused (Khan) has already stated that he is engaged in such business relating to nicotine products. Now, considering the fact that the CA report specifically enumerated prohibited ingredients in 11 samples, which were not found for cannabis, the prosecution’s principle fails to apply Section 29 And apart from the aforesaid argument in reply, nothing is brought on record to show the fact of collusion or conspiracy with each other,” the court said.
During the bail pleas, the court was also told about two contradictory panchnams relating to the alleged drug recovery and one not being made part of the chargesheet. “This particular aspect propagates to the conduct of the investigative machinery and the reason for not including the said panchnama has not been answered till date,” the court said.