(rptg, fixing garbles and adding matter in para 3)

New Delhi, June 9 (UNI) A city court today hauled up the Delhi police, terming it as ''intellectually bankrupt'' and directed it to collect ''proper evidence'' on the quantity and the nature of the drug distributed, used and consumed in connection with late BJP leader Pramod Mahajan's son Rahul's drug abuse case.

Patiala House Court Metropolitan Magistrate A K Chaturvedi, said that the prosecution must be given a chance to take a substantive view regarding the quantity of drug involved. ''The remand of Sahil, the other accused, would be over and there would be more material before the court to give a final judgement whether, it was five grammes as per the stand of the prosecution earlier or seven grammes as per the subsequent stand.'' Posting the matter to June 13, the court said its argument was 'preposturous.' ''The jurisdiction to conduct trial automatically and inherently includes the right to grant bail,'' it said, terming the Delhi Police as ''being devoid of any foundation and appearing to be an illustartion of ''intellectual bankruptcy.'' The prosecution heavily relied upon section 27 (A) which states that the accused was 'dealing' in financing and indulging in harbouring the other accused who were involved in this case. It also said as per the discloure of Sahil that, the quantity given was seven grammes could not be ignored at this stage.

The Chief Public Prosecutor B S Joon argued that the court has got the power to try the case and could not grant bail.

The defence on the other hand argued that the nature of the drug and the quantity of the drug involved is most important and the primary pillar for the prosecution against any accused person. Until the prosecution took a stand regarding the nature and quantity of the drug involved on other things became ''meaningless'' and were of no consequences.

UNI XC PM/vd KN2056