Aryan Khan case: From letting several suspects walk free, to serious procedural lapses, here is how Sameer Wankhede bungled the probe

The vigilance team’s report and its charge sheet highlight many glaring violations—removal of 16 names mentioned in the tip-off, failure to file NIL panchnamas; giving a free hand to witness K P Gosavi
Faizan Khan (MID-DAY; October 20, 2022)

The then zonal director Sameer Wankhede who raided the “drug” party on the Cordelia cruise ship in October last year violated multiple rules in the NCB field officers’ handbook. The vigilance team’s report and its charge sheet highlight many glaring violations—removal of 16 names mentioned in the tip-off, failure to file NIL panchnamas; giving a free hand to witness K P Gosavi; letting witnesses handle detainees during their transfer to NCB office; not bringing lady cops despite inputs of women suspects; and alleged attempt at extorting Shah Rukh Khan. Moreover, sources have said that they let off two top cops without checking them.

Among the officers named in the charge sheet are Wankhede, former superintendent at NCB Vishwavijay Singh, junior intelligence officer S R Shinde and former intelligence officer of NCB Ashish Ranjan who was also the investigating officer in the Cordelia Cruises drug case, sources said. Ranjan, who was posted with the NCB on probation, has returned to the CISF--his parent cadre.

According to the report of vigilance team that investigated the conduct of Wankhede and his team, the anti-narcotics cops in Mumbai manipulated the key note—the informal information received from the source. Before raiding the cruise ship on October 1, the NCB cops under scanner removed 16 names from the list and targeted only 11 people, including Shah Rukh Khan’s son Aryan Khan, and detained them, according to the report.

It appears that the officers let off 16 people after possible acceptance of illegal gratification, states the charge sheet. Six officers, including Wankhede, have been asked to appear before the inquiry committee in connection with this particular allegation. Sources, however, told mid-day that the key note received just a few hours before the raid had only 11 names initially, and 16 more were added when the informer updated the list of people present aboard the ship.

No NIL panchanama
The charge sheet points to another lapse—non-filing of NIL panchnamas. As per the procedure, a NIL panchanama has to be filed when nothing is found after frisking an individual. However, not a single NIL panchanama was found after frisking many on whom nothing was found at the party, the charge sheet said.

During the raid, the NCB team had checked a top Bollywood actress’s brother and another person who was arrested in the Sushant Singh Rajput’s death case, sources said. However, no NIL panchnama was filed in their names, they added. Sources also said that one director general-rank officer and one inspector general-rank officer were also present at the “drug” party, but they were allowed to leave without any checking and questioning.

Free hand to Gosavi
The vigilance team also highlighted that K P Gosavi, NCB’s witness in the case, was given a free hand during the raid and thereafter. The team found that Gosavi was clicking selfies with Aryan and recorded his audio inside the NCB office to send messages to Pooja Dadlani, the manager of Shah Rukh. The vigilance officers believe that it could have been an attempt at extortion.

However, the vigilance team did not find any evidence, as Prabhakar Sail who alleged extortion attempt by Gosavi, died of a heart attack in April this year. Sail, in an affidavit, alleged that he overheard Gosavi and one Sam D’Souza talking about a Rs 25-crore deal in Aryan Khan case, and that Rs 8 crore was to go to Wankhede.

The charge sheet mentions that when the detainees were taken to the NCB office from Cordelia cruise ship, the panchas [witnesses] in the matter, who were private persons, handled them, instead of cops. Handling of detainees by the witnesses during transfer is against the rule.

Moreover, separate panchanamas were not made after the arrest of Aryan and his friend Arbaz Merchant, the charge sheet states. However, a senior lawyer requesting anonymity, told mid-day, “There is no need of making two different panchnamas for one seizure of both accused from one place. Different panchnamas can be drawn only if the seizure is at two different locations.”

Manhandling
The charge sheet also alleges that anti-narcotics cops manhandled one accused, Vikran Chokar, on the ship and at the office. Moreover, the NCB raid team did not bring any lady officer on the ship even though the key note named two female suspects and also failed to inform the local police.

A constable previously associated with the NCB, in its statement to the vigilance team, alleged that Wankhede has good connections with criminals in Mumbai and might face consequences if he speaks against them, according to the charge sheet. Wankhede is currently posted in Chennai under the director general of taxpayers services, an office of the Central Board of Excise and Customs (CBIC).

Wankhede files atrocities plaint against NCB DDG
Indian Revenue Service officer Sameer Wankhede has moved the National Commission for Scheduled Castes (NCSC), making harassment and atrocities allegations against NCB Deputy Director General (DDG) Gyaneshwar Singh. The DDG headed the vigilance team that probed the conduct of Wankhede and his team in the Aryan Khan case.

Based on the complaint, the NCSC has issued a notice to the secretary, Ministry Of Home Affairs; director general of police, NCB; chairman of Central Board of Excise and Customs (CBIC). The notice states that the commission has decided “to investigate/enquire his complaint”. They have to respond within 15 days since the receipt of the notice.

“The commission has observed that there appears to be discrimination and harassment of the petitioner, therefore, the commission has desired that no further action in the matter be taken till the pendency of the case in the commission (sic),” it reads.

It has asked the CBIC board to submit “original documents submitted by the special enquiry team of the NCB...for its perusal and examination.” Speaking with mid-day, Wankhede refused to comment, saying, “the matter is seized with the NSCS”.

With inputs from Diwakar Sharma