Drugs-on-cruise case: Let Sameer Wankhede prove manipulation charge against us, says SIT

Accused former NCB chief Sameer Wankhede in his writ petition in HC alleged DLA had proposed Aryan Khan’s name under NDPS Act but said SIT got a separate draft prepared from outside to present in court
Faizan Khan (MID-DAY; May 22, 2023)

The NCB (Narcotics Control Bureau) Special Investigation Team (SIT) that probed the Cordelia cruise drug case and exonerated Aryan Khan and five other accused individuals, has said that the allegations levelled by Sameer Wankhede in his affidavit, claiming that the SIT manipulated the charge sheet and removed Khan’s name despite it being included in the Department Legal Advisor’s (DLA) report, are baseless and misleading.

“Wankhede should present evidence to support his claims, as there are multiple pieces of evidence indicating his attempts to frame Aryan, though his name was not mentioned in the original information received by the NCB,” an officer from the SIT told mid-day.

The former zonal director of the Narcotics Control Bureau (NCB) Mumbai, Wankhede, in his writ petition before the Bombay High court, has alleged that the Department Legal Advisor (DLA) Japan Babu had proposed Aryan Khan’s name under various sections of NDPS Act, but it was never submitted in the court. The SIT got a separate draft prepared from outside which was presented before the court. To substantiate his claim, Wankhede has also said that he has a recording of the call between the DLA officer Babu and him on June 2, 2022. As per Wankhede’s claim the call  lasted for 10 minutes.

“The further conversation which is most shocking, is that the said proposal seeking prosecution of the accused, though having been considered by the DLA and consent to such prosecution having been recorded on file in the form of the noting under his signature; due to certain mysterious reasons, seems to have been destroyed only with the intention of facilitating reconsideration of the case of a particular accused. Also, with the intention of extending to him the advantage and benefit of being dropped from the list of the accused to be prosecuted. The conversation records the shock and surprise of the DLA to destruction of the said note, as well as a complete changeover of the draft of the complaint to be filed before the Special Court for prosecution of the accused.” Wankhede has said in his petition.

“The conversation further discloses that the draft of the complaint was prepared by a particular officer from outside the department. The reason and motive behind having the draft of the complaint prepared from outside the department is sufficiently indicative of putting into effect, the evil design of dropping the name of a particular accused from prosecution,” the petition reads further.

‘No truth in allegations’
The SIT officials have told mid-day there is absolutely no truth in the allegations levelled by Wankhede, and he should produce and should have informed the department about any such evidence. “The charges against Aryan Khan were not at all justified since the drugs were not found in his possession, and no blood test was done as per the SOP to book him even for the consumption case. In fact, it was proven with the evidence that Khan was framed, and his name was added in the information note received by the NCB,” an officer of the SIT added further.

The officials have said that the names which were dropped before filling the charge sheet were as per the discussions of the legal team. “Based on WhatsApp chats not related to the Cordelia cruise drug case, one cannot be charge sheeted under NDPS Act. The chats can be used as digital evidence only if they had connection with the current case,” an NCB officer said.

The officials have also said that there is going to be a deprecate enquiry against Wankhede for talking to the father Shah Rukh Khan of the accused (Aryan Khan) while he was in his custody. Wankhede has released his chats with SRK to prove that he is innocent and never demanded any extortion to release Aryan and also claimed that Shah Rukh was aware that his son was into drug abuse, that’s why he was talking about reformation and thanked Wankhede for the same.

“We were not aware about the chats Wankhede had with SRK and he never informed the department. Indulging in such conversations with the family of the accused is serious violation of the rules,” a senior officer of NCB told mid-day.

On Sunday, the Central Bureau of Investigation (CBI) recorded Wankhede’s statement for the second consecutive day, lasting five hours at the BKC office. Wankhede currently enjoys protection from the Bombay High Court, which is set to hear the matter on Monday. The CBI is required to file a reply before the court regarding Section 17A of the Prevention of Corruption Act. This section imposes a time limit of four months to file a case against any government officer if corruption charges have been levied against them. Rizwan Merchant, Wankhede’s lawyer, extensively argued on Friday that the FIR is illegal due to the expiration of the time limit, as it has already been two years since the arrest of Aryan Khan.