All 17 samples seized are narcotics, psychotropic drugs, NCB tells court

On Monday, the NCB had filed a plea seeking time to file a chargesheet in the case, in connection to which 20 people were arrested last October on charges that they were linked to a drugs conspiracy.

The central agency’s 180-day deadline to file a chargesheet ends on March 31. If the extension is not granted and chargesheet is not filed within March 31, two accused who continue to be in jail, will be entitled for default bail. The other 18 are already out on bail.

The NCB had claimed to have seized various quantities of drugs – including small, intermediate and commercial – from those about to board the cruise ship, guests on the cruise and others claimed to be suppliers to the guests, on October 2, last year. Among the arrested were also those from whom no drug recovery was made, including Aryan Khan, son of Bollywood actor Shah Rukh Khan.

“CFSL Pune chemical examination reports of all the 17 samples sent for medical examination have been duly received on March 12, which prove that all contraband seized in NCB CR 94/2021 are narcotics/psychotropic drugs within the ambit of the law,” the plea filed through Special Public Prosecutor Advait Sethna stated.

It added that NCB wants to ensure a thorough, fair and transparent probe “to get to the roots of the matter and place a clear picture of the roles played by the accused”. It stated that initially, the case was being investigated by the NCB’s Mumbai zonal unit and a special investigation team (SIT) from Delhi was constituted to conduct further probe last November.

Among the grounds sought for the extension, the SIT has submitted that one of the panch witnesses in the case, K P Gosavi – who was named as an independent witness in two searches, including that of Aryan Khan – is in jail.

Gosavi was arrested by the Pune Police in a cheating case. The NCB plea stated that permission has been sought thrice from the Pune court to interrogate Gosavi and orders are awaited. It added that another independent panch witness, Prabhakar Sail, has “turned hostile” and hence, Gosavi’s examination is pivotal for the case.

The NCB further said that so far, 69 statements have been recorded. Among 10 independent witnesses, statements of four are yet to be recorded. The agency added that 19 statements of suspects have been recorded and 15 “key suspects” are yet to be recorded. It also said that investigation related to six accused who are interlinked is “almost complete”.

The plea stated that the 20 accused are all from different fields and residents of states across the country. It added that due to the third wave of Covid-19 and some accused being under treatment and in quarantine, investigation could not be completed.

The agency said that the evidence found is voluminous, including digital data running into over 8,000 pages, and social media conversations “running into thousands of pages”.

“Each chat includes voice notes, which has to be thoroughly examined and transcripts of the same has to be prepared,” the plea stated, adding that call data records also have to be analysed to establish links between the accused.

“Some accused are highly influential persons and have incriminating chats with foreign nationals who are located outside India. Examination/analysis of such chats is in progress as foreign nationals are involved,” the plea further said, adding that due to Covid-19, responses from foreign agencies has been delayed.

It also said that some accused have given wrong passwords of their electronic devices, causing hurdles in investigation. The agency claimed the accused have not cooperated and exercised their right to remain silent while recording voluntary statements.

Probe into the money trail and drug trial are also underway, the NCB said, adding that default bail should not be granted to the two accused still in custody, as they were arrested with commercial quantity of drugs.

Lawyers Kushal Mor and Apoorv Srivastava, appearing for Abdul Kadar and lawyers Ayaz Khan and Gorakh Liman, appearing for Nigerian national Chinedu Igwe, who are in judicial custody, sought time to file their reply to the NCB plea.

Kadar, who was present in court on Tuesday, told the court that he has been in custody for almost six months and the case has affected his mental health and financial and social life, as he was the primary bread earner of his family. “The NCB can be granted as much time as it wants to probe the case but I can be released as it continues probe,” Kadar said, adding that he has been falsely implicated.

Kadar’s bail plea was rejected by the court last month while Igwe is yet to seek bail.

Special Judge V V Patil will hear the NCB plea Wednesday.

Under the Narcotic Drugs and Pyschotropic Substances Act, an extension of up to one year can be granted by the court to file a chargesheet.