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The Centre has sought action against anti-narcotics officer Sameer Wankhede for shoddy investigation in the Mumbai drugs-on-cruise case. Government sources confirmed to CNN-News18 on Friday that recommendations have been made to his cadre controlling authority—customs and excise.
Officials said action is also being taken in the matter of Wankhede facing allegations of forging his caste certificate to get his Indian Revenue Service (IRS) job.
They added that the decision was taken after major lapses were found in his conduct and investigation in the drugs case linked to Aryan Khan.
Wankhede’s team handled the initial investigation after an anti-drugs raid on a Cordelia cruise ship off the Mumbai coast last year.
The Narcotics Control Bureau has dropped the name of Aryan, son of actor Shah Rukh Khan, from its charge sheet, citing a lack of evidence.
The superstar’s son spent 25 days in custody after the Sameer Wankhede-led NCB team accused him of drug consumption, possession, and also conspiracy.
But Sanjay Singh, deputy director general (operations) of the bureau, who led the investigation and filed the charge sheet, told CNN- News18 that even the basic premise of law was not followed by Team Wankhede.
Here are three points where Aryan was accused and where the new team found illegality in the initial investigation:
1. Possession– The NCB charge sheet says no drugs were found on Aryan Khan. “No videography was done at the time of raids, no drug was seized on him. So no case is made out,” it says. In fact, NCB officials have pointed out that even witnesses who were cited by Team Wankhede turned hostile. The charge sheet mentions that one of the witnesses, Prabhakar Sail, had accused Team Wankhede of taking his signature on blank papers. “Prabhakar Sail told NCB officials that he was not present during search and he was made to sign blank papers,” the charge sheet says.
2. Consumption– The bureau in its investigation found that Aryan Khan was not consuming drugs on the cruise. The charge sheet says that Aryan Khan’s friend and co-accused Arbaz Merchant said he did not carry any drugs for Aryan. Rather he told NCB investigators that Aryan had dissuaded and discouraged Arbaz from carrying drugs. “Even medical examination was not carried out to prove drug consumption. So proving this charge became untenable,” Sanjay Singh said.
3. Conspiracy– The WhatsApp chats of Aryan Khan and his co-accused were cited to prove an international conspiracy. Opposing his bail, Team Wankhede had called him part of an international drug syndicate. The NCB in its charge sheet, however, has questioned the claim. “Even the seizure of the phone was not as per legal protocol and legal procedure was not followed while accessing the WhatsApp chat,” Singh said. He added that WhatsApp chat can’t be the primary basis of the case. “The Supreme court in multiple judgements has cited that WhatsApp can only be corroborative evidence, not primary evidence,” he said.
4. Charges– The NCB investigation has also questioned the initial team’s decision to charge all accused with the same sections. “Everyone was slapped with the same sections of consumption and possession. They were unconnected people,” Sanjay Singh said. The charge sheet has sub-grouped the accused into seven parts and slapped separate charges against each depending on the evidence.
Aryan Khan was released on October 30 from Mumbai’s Arthur Road jail on bail, 26 days after he was arrested in connection with the drugs case.
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