No case for illicit drug trafficking, conspiracy against Nawab Malik’s son-in-law, detailed court order says
There are no cases of illicit drug trafficking and conspiracy against Sameer Khan, the son-in-law of Nationalist Congress Party (NCP) leader Nawab Malik, a special court said in his detailed bail order.
Arrested in January, Khan, along with two others, were released on bail last month.
The Narcotics Control Bureau (BNC) had claimed that the defendants – Khan, Rahila Furniturewala and Karan Sejnani – had conspired to procure, sell, buy and transport 194.6 kg of ganja and 6 CBD (cannabidiol) sprays, classified as commercial quantity.
Relying on the chemical analyzer (CA) report submitted on the seizures annexed by the NCB to the indictment filed against the accused, the court declared that Articles 27A and 29 of the Law on narcotics and psychotropic substances (NDPS) concerned drug financing and trafficking and the conspiracy could not be sustained against Khan.
“It is relevant that the accused plaintiff (Khan) has previously stated that he was conducting such cases regarding nicotine products. Now, given the fact that the CA report specifically counted the 11-sample contraband material for not detecting cannabis, the prosecution theory regarding the invocation of Section 29 fails and to Apart from the said assertion in the response, nothing is recorded in the file to show the factum of collusion between them or that of a prima facie conspiracy, ”the court declared.
The court was also informed during pleadings about the release on bail of two conflicting panchnamas linked to the alleged recovery of the drug and that one of them was not included in the indictment. “This particular aspect spreads to the conduct of the investigative mechanism and the reason for the non-incorporation of said panchnama has not been resolved to date,” the court said.