Mumbai: The Bombay High Court rejected actor Fardeen Khan's plea that he be sent for detoxification and granted immunity from prosecution in connection with a 2001 cocaine seizure case.
Justice S C Dharmadhikari held that there was no material on record to hold Fardeen an addict and his involvement with drugs.
The court also upheld prosecutor Purnima Kantharia's submission that no evidence had been produced to prove that Fardeen had undergone treatment for de-addiction at a government-recognised institute.
Under section 64(A) of the Narcotic Drugs and Psychotropic Substances Act, an addict accused of possessing drugs in small quantity for personal consumption can be granted immunity from prosecution by the government if he seeks to undergo detoxification at a recognised institute.
The court held that this case dealt with a large quantity of drugs as nine grams of cocaine was seized on May 5, 2001 when main accused Nasir Shaikh, a drug peddlar, was trying to sell drugs to Fardeen.
Earlier, Deputy Commissioner of Police, Anti-Narcotic Cell, Dilip Shrirao, had told CNN-IBN, “So far I am not aware of any case where the Anti-Narcotic Cell or the court has given any accused the provision of immunity.”
Even though, laws are in place to deal with drug traffickers and consumers in an appropriate manner, the police are yet to use those provisions which may alter the way drug consumers and traffickers are treated once they are in the dock.
Chief Public Prosecutor S R Borulkar feels that the provisions have remained in the dark partially because of ignorance of law on the part of the accused and also on the part of the police who refrain from exercising their powers under the provisions.
(With inputs from PTI)
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