Duo who sold cocaine to Bollywood actor Fardeen Khan in 2001 acquitted
Two men, who had supplied drugs to Bollywood actor Fardeen Khan in 2011, were acquitted for the want of evidence on Monday by the special court that hears cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The accused, Nasir Shaikh and Tony Ghomes, were booked for supplying drugs to the actor.
Shaikh was arrested by the Narcotics Control Bureau (NCB) while he was selling 1 gram of cocaine to Khan outside an ATM on Juhu-Tara Road on May 5, 2001. He had got 15 grams of cocaine from Ghomes and was delivering 1 gram to Khan.
Khan, too, was arrested and on the basis of his statement, Shaikh was booked. Shaikh, during questioning, had spilled the beans on Ghomes.
Khan was initially charged for attempting to purchase a small quantity of drug and was booked under Sec 21(a) (Punishment for contravention involving small quantity) and Sec 28(c) (attempt to commit an offence) of NDPS Act. The special court had granted the actor immunity from prosecution in February 2012 after he went through a de-addiction process. However, the trial against the two peddlers was still being heard.
Shaikh was represented by advocates Taraq Sayyed and Sachin Shirke, while Ghomes was represented by advocate Shekhar Bhandari. The defence lawyers contended that the prosecution had failed to bring important witnesses before the court. The prosecution had only examined officers and investigating officers, who were part of the NCB at the time when the accused were arrested.
On one of the instances, the defence had contended, that the prosecution had relied on chemical analysis that proved the substance recovered from the accused was cocaine, but the chemical analyser and expert were not examined.
“There were no independent witness examined to prove that the accused were found in possession of drugs or they had dealt in buying and selling of cocaine,” said Bhandari.