Mumbai: In a move to attract lesser penalty, Bollywood actor Fardeen Khan, embroiled in a drug seizure case, has moved the Bombay High Court seeking permission to undergo detoxification in a de-addiction centre.
If the court allows him to do so and the actor come out clean after detoxification, the prosecution against him for possessing drugs could be withdrawn, his lawyer Ayaz Khan claimed.
The petition, filed by the actor, is expected to come up for hearing some time next week.
Under section 64 A of Narcotics Drugs and Psychotropic Substances Act, an accused can apply for detoxification if he is found in possession of small quantity of drugs for personal consumption and on being satisfied that he has successfully undergone detoxification, the prosecution may withdraw charges.
On September 22, the trial court had rejected Fardeen's plea to undergo detoxification. Fardeen has now moved the High Court challenging the trial court's order and also seeking permission afresh for detoxification. Fardeen was arrested in May 2001 by Narcotics Control Bureau in suburban Juhu when he was about to buy one gram of cocaine from a drug peddler. He was released on bail later.
The NCB had seized nine grams of cocaine from the peddler Nasir Khan who told police that the actor wanted to buy just one gram of cocaine for personal consumption. However, the chargesheet against him has said Fardeen was in possession of nine grams and not one gram of cocaine.
Nine grams of cocaine attracts punishment upto ten-years' of rigorous imprisonment while in case of possession of one gram, an accused can be let off with detoxification. Under NDPS Act, possession of commercial quantity (100 grams) of drugs is punishable with ten years RI, while possessing drugs between two and 100 grams is punishable upto ten years.
As against this, possession of small quantity (less than two grams) of drugs allows the accused to seek one-time amnesty from the prosecution by undergoing detoxification.
The trial court had recently rejected the actor's claim to amend the charges framed against him on the ground that he wanted to buy just one gram of cocaine and not nine grams alleged by NCB.
Fardeen contended that even the drug peddler had admitted that the actor wanted to buy just one gram of cocaine. The court, however, felt that Fardeen's plea was premature and he could approach the court at a later stage.
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