14 October,2021 08:10 AM IST | Mumbai | Faizan Khan
Maharashtra Cabinet minister Nawab Malik
The chemical analysis report for Sameer Khan, the son-in-law of Minority Development Minister Nawab Malik, arrested by the Narcotics Control Bureau (NCB) in connection with a ganja haul, returned negative, his bail order has revealed. The negative report resulted in a stringent NDPS Act section becoming unsustainable.
Who is responsible for this? Because of Section 27A (punishment for financing illicit traffic and harbouring offenders), he stayed in jail for more than eight months. Getting bail became difficult. The chemical analysis report for the seizures made by the agency from one of the co-accused returned negative," Malik said. The bail order was released on Wednesday.
Recently, Malik has also accused the NCB of wrongdoings in the case involving Aryan Khan.
The special NDPS court has also added the result of chemical analysis in the order which says that total 194.265 kg containing in 11 samples came negative for cannabis."Thereby placing the ascertainment of the alleged contraband in commercial quantity under the shadow of doubt." the court order reads.
The Special NDPS court's order said that the negative reports were not disputed by the parties, especially the prosecution did not apply for a re-assessment.
As per NCB's case, during the raids in Khar at the residence of the main accused, they have found 194.6 kg marijuana/Ganja and 6 CBD spray under the panchanama dated January 2021.
The NCB had also found some other contraband during the investigation and that, along with the 335 gm that tested positive from the bigger haul, was found to have constituents of cannabis. As such, the total quantity found positive is 1,199.5 gm, which lies within the intermediate quantity.
The court also pointed to a contradiction in a crucial panchanama conducted by the NCB in Rampur, Uttar Pradesh. While the complaint alleged the seizure of 194.6 kg of contraband, the panchanama, also added in the charge sheet, mentions the quantity as 189 kg.
Khan was arrested on January 13 by NCB for being part of a drug trafficking racket. A UK national, Karan Sejnani, and a celebrity, Rahila Furniturewala, were also arrested and later granted bail in the case. The NCB had also arrested the well-known Muchhad Paanwala in this case.
"We have very strong and incriminating material in this case and we will be approaching the higher court against the order of Special NDPS court," NCB's Zonal Director Sameer Wankhede said.
Prosecution theory fails
"It is evident that factum of conspiracy and abetment as alleged by the prosecution there is connivance between the either accused. The reply filed by the respondent categorically mentions for the fact that as the contraband recovered is in commercial quantity and even by virtue of section 29 the complicity of the present applicant is made out and therefore rigors of section 37 are attracted. It is pertinent that the applicant accused has already stated that he conducts such businesses pertaining to nicotine products. Now considering the fact that the chemical analysis report has specifically enumerated the contraband material to 11 samples to have not detected for cannabis the theory of the prosecution with regard to the invoking of section 29 fails and apart from the said contention in the reply nothing is brought on record to show the factum of connivance with each other or that of conspiracy in prima facie. Thereafter as stated by the advocate for accused it is evident that when the chemical analysis. Report relied by the prosecution is negative no charge under section 27 A can be sustained." the court order reads further.
The court in its bail order added that,"considering the factum of connivance, it's evinces to me that, nothing except the statement of the accused and the co accused could relied to show the recovery of contraband and the involvement of accused. Apart from this there is no any material to specifically contribute the role of accused placed on record by the prosecution more specifically in the light of the fact that the recovered contraband in prima-facie as per chemical analysis report cannot be held under the ambit of commercial quantity."
Jan 13
Day Sameer Khan was arrested
