HC reserves order on Fardeen Khan cocaine case

Mumbai, Dec 19 (UNI) The Bombay High Court today reserved its order on actor Fardeen Khan's plea for immunity from prosecution, under section 64 (a) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, submitting that he had consumed one gram cocaine over a period of four months and was even ready to undergo treatment as per court directions.

Justice S C Dharmadhikari observed that Fardeen was arrested while trying to procure cocaine from the pedlar who was in possession of nine grams. Whether he was going to buy a small quantity (one gram) or more was still not known, the court observed.

Additional Public Prosecutor Poornima Kanthari submitted before the court that under section 64(a), the pre-requisites were that the person is an addict or in possession of small quantity of drugs and while being charged under section 27 of NDPS Act, he voluntarily seeks treatment and was ready to undergo the same at a government run institute.

Fardeen fulfilled none of these as he was booked under section 28 for attempting to commit offence and purchasing nine grams of cocaine,'' which was not a small quantity (defined as two grams by the NDPS Act), she contended.

At the same time, main accused Nasir Shaikh was booked under the same section for ''attempting sale of nine grams of cocaine'' as he was in possession of the said quantity, she added.

There was only Shaikh's confession that stated that he was going to sell one gram but there is no evidence to establish the same. She further argued that the Special Judge had rightly dismissed Fardeen's application. The issue whether he was an 'addict' or not could be dealt with during the trial.

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