Court to wait for forensic report to determine quantity of drugs allegedly consumed
NEW DELHI: A Delhi court on Friday put off pronouncement of an order on a bail application by Rahul Mahajan, son of the slain Bharatiya Janata Party leader Pramod Mahajan, in the drug abuse case till June 13 to allow the prosecution to take a clear-cut stand on the quantity of drugs he had allegedly procured, consumed and distributed.
However, Metropolitan Magistrate A. K. Chaturvedi dismissed all arguments put forward by Public Prosecutor B. S. Joon to oppose the bail application as "preposterous'' and an "illustration" of "intellectual bankruptcy".
The Magistrate deferred pronouncement of the order following submissions by the Investigating Officer (IO) of the case that reports pertaining to certain quantitative tests about the drug were still to be obtained from the Central Forensic Science Laboratory (CFSL) and that the police would be able to take an exact stand on the quantity as and when they receive the reports.
Since the IO had submitted that the CFSL reports would be available in three to four days and the police remand of Sahil Zaroo, the other accused in the case, would end on June 12, the court would be in a position only on June 13 to examine whether Sahil's disclosure statement about purported supply of 7 gm of heroin to Rahul Mahajan was corroborated by any other material to make it admissible as evidence, the Magistrate said in his eight-page order.
The order noted that the quantity of the drug was important as the entire case of the prosecution revolved round it, since it had already stated that the drug was heroin.
"In my considered opinion, therefore, the requirement of justice is that the said quantitative reports from CFSL be awaited, and the prosecution must be given a chance to take a stand substantively once and for all on the quantity of the drug,'' the Magistrate said.
"Therefore, I defer the decision on the bail application till June 13. The bail application be listed for arguments on June 13 before a Duty Metropolitan Magistrate or Additional Chief Metropolitan Magistrate as the courts are closed for summer vacation,'' the order stated.
Earlier in his submission, the Public Prosecutor gave a new twist to the case when he revealed that Rahul Mahajan and his associates had consumed the entire 7 gm of heroin that Sahil had procured.
adds: `No illegal detention'
The Delhi Police on Friday denied that they had illegally detained anyone in connection with the Rahul Mahajan drug abuse case.
The police were responding to a notice by the National Human Rights Commission on alleged illegal detention of nine persons from 7, Safdarjung Road, official residence of the slain Bharatiya Janata Party leader Pramod Mahajan, on June 2 and torture at the Tughlak Road Police Station.
The police said the nine were only questioned, as they were present at the time of the crime. They were called to the police station on various occasions, as their statement was vital for the case. Of these, only Ganesh was formally arrested. He subsequently got bail from a court. Those named in the complaint were domestic help.
Shujaat Bukhari reports
from Srinagar: Sahil taken to Srinagar
Sahil Zaroo was brought to Srinagar on Friday as part of investigations being conducted by the Delhi police in the Rahul Mahajan case.
Sahil, a 22-year-old Kashmiri, is one of the main accused in the case in which Pramod Mahajan's secretary Bibek Moitra died.
Sources said that the Delhi police team that brought Sahil to Srinagar took him to two places. "They were looking for his clothes which he used that night," sources said, adding that his trousers were found in his maternal uncle's house at Harwan and his shirt was recovered from his Nagin residence. Both were recovered on the basis of information provided by him.
Though the Delhi police team was looking for mobile phones, only the clothes were recovered. The team was looking for the shirt on which Sahil had vomited, and sources added that other people at both houses were questioned about his movements. City Police Chief Syed Ahfadul Mujtaba confirmed that Sahil Zaroo was brought to Srinagar on Friday. "We are only providing assistance to the Delhi police in the case," he told The Hindu .