A special Narcotic Drugs and Psychotropic Substances Act (NDPS) court has observed that there is nothing on record to suggest that Shivraj Harijan – one of the accused in the cruise drugs case – was a drug peddler. The Narcotics Control Bureau (NCB) had arrested him on October 10 for allegedly supplying drugs to Bollywood star Shahrukh Khan’s son Aryan and his friend and small time actor Arbaaz Merchant – both of whom were arrested by the central agency in the cruise drugs bust case.
“There is no prima facie evidence on record to show that the applicant was a supplier of contraband,” said special NDPS judge Vaibhav Patil, who granted bail to Harijan on November 22.
“Therefore, the contention of the prosecution cannot be accepted that the applicant is a peddler and that he supplied contraband to the accused Arbaaz,” the court added in the detailed order, which became available on Friday evening.
With regards to NCB’s claim of conspiracy, the court said: “Considering, the material placed on record, it cannot be said that prima facie there is conspiracy and abetment, as alleged by the prosecution.”
It added that except the statement of a co-accused, there was no prima evidence on record to show that the applicant committed the offence as alleged by the prosecution.
Further, as argued on behalf of the applicant, the alleged recovery of 62 grams of charas is non-commercial quantity and rigors of section 37 of NDPS Act would not apply, the court ruled. There is no evidence on record to show that the applicant committed any offence pertaining to commercial quantity and therefore section 29 of the NDPS Act – for conspiracy – would also not apply and the applicant is entitled to bail, it further held.
{{/usCountry}}Further, as argued on behalf of the applicant, the alleged recovery of 62 grams of charas is non-commercial quantity and rigors of section 37 of NDPS Act would not apply, the court ruled. There is no evidence on record to show that the applicant committed any offence pertaining to commercial quantity and therefore section 29 of the NDPS Act – for conspiracy – would also not apply and the applicant is entitled to bail, it further held.
{{/usCountry}}Harijan was arrested from his residence in Murugan Chawl in Santacruz (West), after his name cropped up in Merchant’s statement to NCB. The agency had claimed that Harijan is a part of the city’s charas supply chain.
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