Citing Aryan probe, accused in drugs case filed after Sushant death seeks re-investigation

Kshitij Prasad has said in his discharge application filed before thespecial court on Tuesday that both the cases were investigated by the same team and the probe was headed by the same senior officer,claiming that it was done in an “overzealous and unlawful manner” with an “intention to gain media attention by destabilising and invoking fear in the Bollywood industry”.

The case against Aryan was transferred to an NCB SIT after an initial probe by the Mumbai zonal unit of the agency, which also probed Rajput’s case in 2020.

“The said officer wanted the present Applicant (Prasad) to falsely name certain film directors, producers, actors and actresses as consumers/suppliers of drugs. It was only when the Applicant refused to adhere to the Officers request was the present case filed against the Applicant. Various prominent actors and actresses were made to visit the Respondents and give their statements. The outcome of such investigation has still not been produced before this Hon’ble Court,” the discharge application filed through lawyer Satish Maneshinde said, adding that a Special Investigation Team should be formed and the whole case be re-investigated.

At the time of his first remand in September 2020, Prasad had alleged before the court that he was told that he would be let off if he falsely implicated Johar and others connected with his production house and had retracted from statements claimed to have been given by him. In his plea, Prasad has said that the case against him is a “witch hunt”.

The NCB had arrested 35 persons including Rajput’s girlfriend Rhea Chakraborty in the case. The NCB alleged that the accused were linked to a conspiracy to carry out trafficking of drugs. Prasad was arrested in September 2020 and spent three months in jail before being granted bail in two cases filed against him. The NCB claimed that there were statements of co-accused on financial transactions by Prasad with drug peddlers and delivery of drugs. It was also claimed that a rolled joint allegedly of smoked-up ganja was found in a balcony during his house search. The NCB, last month, submitted draft charges in the case naming the 35 accused, including Prasad, charging them under various provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Prasad submitted in his plea that he has never consumed or dealt with drugs. His plea states that the NCB has relied on alleged voluntary statements of co-accused which are not admissible as evidence. He has further said that WhatsApp chats and audio recording were referred to by the NCB but his phone was never seized nor was a seizure report filed or a certificate required under the Indian Evidence Act submitted. He further said that he was not tested for consumption of any narcotic drug either and could not be linked to the “joint” found at a balcony of his home.

“It is apparent that his case is also a case of no evidence and the complaint is riddled with inconsistencies and illegal evidence. Therefore, the Applicant also deserves to be treated on par and not singled out in this case,” the discharge plea states referring to the similarities in the probe against Aryan.

The NCB’s SIT in May dropped Aryan and five others as accused in the Cordelia cruise drug bust case stating that nothing was seized from him and his phone was confiscated without following legal procedure. The court has asked the NCB to file a reply to the plea.