A particular courtroom right here which granted bail to Maharashtra minister Nawab Malik`s son-in-law Sameer Khan has noticed that there was no proof to ascertain 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 obtainable on Wednesday.
Khan, son-in-law of Nationalist Congress Social gathering chief and Maharashtra minority affairs minister Nawab Malik, was arrested on January 13, 2021, by the Narcotics Management Bureau (NCB) for alleged possession of medicine.
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 courtroom identified that as per the chemical evaluation (CA) report, hashish was not detected in 11 samples, and therefore “idea 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 offenses listed underneath the Act.
Additionally learn: Nawab Malik`s son-in-law arrested in medicine case: Many of the seized contraband exams unfavourable for marijuana
The courtroom additional famous that the NCB didn’t convey on report something to show conspiracy a minimum of prima facie (on the face of it).
“It’s evident that when the CA report relied upon by the prosecution is unfavourable, no cost underneath part 27 A will be sustained,” it additional mentioned.
Part 27 A offers with punishment for financing illicit visitors and harbouring offenders.
The NCB has claimed that the accused conspired to acquire, 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.
Below 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 method the excessive courtroom to problem the bail order, prosecution sources mentioned.
Towards 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 folks.
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