Fardeen to face trial in drug possession case
The court has granted liberty to Khan to reapply in the session's court with proper material, reports Urvi Jappi .india Updated: Feb 08, 2007 23:08 IST
Trouble is once again brewing for Bollywood actor Fardeen Khan for he will have to face trial for possession of banned substance after the Bombay High Court rejected his application on Thursday for undergoing detoxification.
Khan, who was arrested in May 2001 by Narcotics Control Bureau in suburban Juhu when he was allegedly about to buy one gram of cocaine from a drug peddler, had approached the HC for detoxification after sessions court rejected his application in September 2006
Khan had sought immunity from facing trial by admitting that he was purchasing cocaine for personal consumption as he was an addict and was willing to undergo medical treatment in any government institution.
Justice SC Dharmadhikari rejected his application stating that "there was no material on record except the statement of the applicant (Khan) to hold that he is an addict and that his involvement in the offence is to the extent of only small quantity purchase."
The court has however granted liberty to Khan to reapply in the session's court with proper material to show that he is an addict and that the cocaine was for self consumption.
Khan had approached the HC to undergo detoxification as allowed under section 64(A) of the Narcotics Drugs and Psychotropic Substances (NDPS) Act which permits immunity from prosecution. The NDPS Act permits an accused to apply for detoxification under section 64(A) if he is found in possession of small quantity of drugs for personal consumption. If the court is satisfied that he has successfully undergone detoxification, the prosecution may withdraw charges.
The section states that an "addict" can claim immunity from prosecution if he voluntarily agrees to undergo complete medical treatment. If he comes out clean than he does not have to face trial, Public prosecutor Poornima Kantharia had argued while opposing Khan's plea.
Under the Act, the accused has to prove that he is an addict to claim immunity, which the actor failed to do.
Khan had failed to prove through any documentary evidence that he had undergone any medical treatment earlier following which he has come over his addiction.
Khan had admitted that he had purchased one gram of cocaine on four to five occasions to overcome work stress. "That would not make him an addict and show that he is dependent on drugs. Merely on his statement it cannot be concluded that it was for personal consumption," said Kantharia.
Khan was arrested in May 2001 by Narcotics Control Bureau in suburban Juhu when he was allegedly about to buy one gram of cocaine from a drug peddler. He was released on bail later.
The NCB had seized nine grams of cocaine from the peddler Nasir Khan who told police that the actor wanted to buy just one gram of cocaine for personal consumption. However, the chargesheet against him has said Khan was in possession of nine grams and not one gram of cocaine.