On Tuesday(6th August), The Bombay High Court quashed the FIR against Bollywood actor Mamta Kulkarni in the 2016 Rs 2000 crore drug haul case, calling the prosecution an “abuse of process of the court.” This decision effectively ends the legal proceedings against her.
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MUMBAI: On Tuesday(6th August), the Bombay High Court quashed the FIR against Bollywood actor Mamta Kulkarni in the high-profile Rs 2000 crore drug haul case registered in Thane in 2016. The court deemed the continuation of the prosecution against her as an “abuse of process of the court.”
A bench comprising Justices Bharti Dangre and Manjusha Deshpande observed-
“This is a suitable case for us to exercise our inherent powers, as the proceedings are clearly frivolous and vexatious.”
The court’s decision came after thorough consideration of the evidence and arguments presented.
Advocates VM Thorat and Madhav Thorat, representing Kulkarni, argued for the cancellation of the FIR. They contended that there was no substantial material justifying the inclusion of Kulkarni as an accused.
“There is no evidence to justify including the actor as an accused, and she cannot be held liable for the actions of the co-accused in the crime by any stretch of the imagination.”
-they asserted.
Kulkarni acknowledged her acquaintance with Vicky Goswami, one of the co-accused in the case. However, she maintained that this association did not implicate her in the alleged criminal activities.
The case dates back to April 12, 2016, when Thane Police intercepted two cars, discovering 2-3 kg of Ephedrine, a controlled substance under the Narcotics Act, in possession of the passengers. The drivers, Mayur and Sagar, were arrested, and the consignment was valued at over Rs 80 lakh. Both individuals were found carrying fake identity cards from a pharmaceutical company.
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During the investigation, the police arrested ten people, while seven others, including Kulkarni, were listed as wanted. According to the authorities, Kulkarni had attended a meeting with Vicky Goswami and other accused individuals at a hotel in Kenya in January 2016. This meeting was allegedly part of a conspiracy to transport Ephedrine powder from a Maharashtra-based company to Kenya to manufacture Methamphetamine, which was then sold globally.
The prosecution’s case against Kulkarni heavily relied on the statement of another accused, Jain, who claimed that Kulkarni was present at the meeting. However, Kulkarni’s plea, filed through Advocate Madhav Thorat, argued that the allegations were “solely based on the statement of co-accused” and that “there is no evidence of any nature” to substantiate her involvement.
After reviewing the evidence, the bench stated-
“After reviewing the entire material in the chargesheet, we find that it is insufficient to support charges against her under the NDPS Act, specifically under Section 8(c) (consumption of drugs) and Section 9(a) (Power of Central Government to permit, control, and regulate).”
The bench further clarified-
“The mere presence of Kulkarni at one of the meetings, even accepting the material presented in the chargesheet, is definitely not sufficient to sustain a conviction under the provisions cited in the chargesheet.”
Additionally, the court noted that the chargesheet lacked concrete evidence to show that the discussions during the meeting regarding the transfer/purchase of shares in Kulkarni’s name or making her the director of the company were acted upon.
