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This is an archive article published on June 6, 2006

Fardeen’s plea rejected in cocaine seizure case

A special court today rejected the petition of Bollywood actor Fardeen Khan, who is facing charges in a cocaine seizure case, to amend the chargesheet filed against him.

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A special court today rejected the petition of Bollywood actor Fardeen Khan, who is facing charges in a cocaine seizure case, to amend the chargesheet filed against him. The court held that there was no merit in his plea.

Fardeen had moved court to amend the charges as punishment under the Narcotics Act varies with the quantum of drug found in the possession of the accused.

Fardeen pleaded that he had wanted to buy one gram of cocaine from drug peddler and co-accused Nasir Abdul Karim Khan at the time of his arrest in 2001. The chargesheet filed by the Narcotics Control Bureau (NCB) alleged that nine grams of the drug were seized from the duo.

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Possession of one gram of the drug attracts a six-month jail term, while two grams or more can mean 10-year rigorous imprisonment under the Narcotics Drugs and Psychotropic Substances (NDPS) Act.

Fardeen’s lawyer Aiyaz Khan pleaded that the actor had stated in his confession that he wanted to buy one gram of cocaine from Nasir. Nasir had also stated it in his confession saying the rest was meant for Nasir himself or for sale to others. Fardeen’s lawyer said the panchnama also bears out Nasir’s statement.

The lawyer also mentioned the bail that had been granted to Fardeen on the ground that the court had taken a lenient view as he wanted to buy one gram of the drug for his consumption. He also relied upon a written information given by NDPS zonal office in Mumbai to its headquarters in Delhi stating that Fardeen wanted to buy one gram of the drug.

Outside the court, the lawyer said he would seek Fardeen’s instructions to file an appeal in the Bombay High Court. He added that he had not expected the rejection of Fardeen’s plea.

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Fardeen’s lawyer Aiyaz Khan said that amending the chargesheet would have helped the actor in the case. Punishment varies according to the quantum of drug found on the accused. In case of cocaine, if the quantity is two grams or less, its is six-month imprisonment.

The court may also let off the accused on probation. The third alternative is committing the accused to a detoxication centre, in case it’s a first-time offence, the lawyer said. But if the quantity is above two grams, imprisonment can range from 10 to 20 years.

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