Cruise ship case: Special court disposes of application by NCB to bar cognizance on witness’s affidavit

“Considering the nature of the relief claimed in the application, no such blanket orders can be passed. It is for the concerned court or authority to pass appropriate order at the relevant stage. Moreover, the matter is sub-judice before the Honourable High Court in bail applications in same FIR. Therefore, no such orders can be passed by the court as prayed. Hence, the application is filed and disposed of,” special judge V V Patil said.

Sameer Wankhede, the Mumbai Zonal Director of the NCB, had earlier filed an application at the special court alleging that pressure is being exerted on him, including a “lurking threat of arrest”, for the agency’s probe in the cruise ship drug bust case in which 20 persons, including Bollywood actor Shah Rukh Khan’s son Aryan Khan, have been arrested.

Another application was also filed on behalf of the NCB’s Superintendent, who is one of the investigating officers of the case, alleging tampering of the probe.

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Wankhede’s application had stated that he has perused a copy of the affidavit filed by Sail, one of the witnesses in the case. “I categorically and specifically deny all the allegations and defamatory insinuations made against me/my character which are not only false, but misleading, mischievous and maligning,” the affidavit stated.

Sail had claimed that he was made to sign blank sheets on the day of the raid on October 2. Sail’s affidavit – which was not submitted before any court – had also claimed that he had heard KP Gosavi, the alleged private investigator who accompanied NCB officials for the raid, say that Rs 8 crore would have to be given to Wankhede.

“It is in this CR (the cruise raid case) which involves rich and influential persons from higher echelons of society in which all kinds of threats including that of arrest are made against me,” the application filed by Wankhede states. It seeks for the court to take due cognizance and pass appropriate orders to “preserve and protect the sanctity of a fair and unbiased investigation” so that there is no interference in the probe. The affidavit adds that there is a lurking threat of arrest as “it does not suit some vested interest just for conducting an honest and impartial investigation”.

The second application filed by V V Singh, the superintendent probing the case, says “certain shocking developments” are coming to light which are “detrimental, prejudicial” to the ongoing probe. Mentioning Sail’s affidavit, Singh’s application before the special court says that the NCB has not been served with a copy but it has been published widely “only to taint a false picture of the agency”. It questions the timing of Sail’s affidavit, ahead of the bail hearing of Aryan before the Bombay High Court on Tuesday and bail applications of other accused pending hearing, calling it “non-credible and frivolous”.

Among the prayers in the NCB’s affidavit was that no cognizance of Sail’s affidavit be taken nor should it be used in any manner except in the form or manner directed by the special court. “The allegations of alleged extortion against NCB official and money changing hands is a clear attempt to undermine the ongoing investigation and create pressure with mala fide and ulterior motive,” the NCB’s application stated.

It further added that its officers have been working with the sole objective to “make the city drug free” and such an affidavit was to tamper and obstruct the probe. It also says that a reference to a woman in Sail’s affidavit, who is alleged to have met a panch witness, amounted to “interference” in the probe.

Without naming NCP leader Nawab Malik, the application filed by Wankhede stated that after he began spearheading the cruise case investigation, he has been personally targeted “especially by a known political figure for reasons best known to him”. The affidavit added that this was being done as a drug case was registered against Sameer Khan, a relative of the “political honcho”. Sameer is Malik’s son-in-law, who was arrested in a drugs case by the NCB and is currently out on bail.

“From that time, there is a series of personal vendetta/vengeance targeted at me and my family members who are victims of such defamatory attacks and false, frivolous and vexatious allegations. I undertake to place on record material to show that I was threatened to be arrested and to be dispelled from my job/service. There is a slew of attacks against me and my family. I am under a lurking threat of arrest as it does not suit some vested interest just for conducting an honest and impartial investigation. I am ready to face all that is contemplated in law which would unequivocally establish my innocence,” the affidavit by Wankhede states.

Meanwhile, Deputy DG Gyaneshwar Singh, who will conduct the vigilance inquiry against Wankhede, said that he is yet to begin the probe. He added that he has not summoned Wankhede so far.

A senior Mumbai police officer said that security has been provided to Sail. He has been reportedly told to approach the Sahar police station, under whose jurisdiction he resides, for the rest of the complaints