SSR case: Hotelier discharged due to lack of evidence
What's the story
A special Narcotic Drugs and Psychotropic Substances (NDPS) court has discharged hotelier Kunal Jagdish Jani from a case registered by the Narcotics Control Bureau (NCB) during its crackdown on drug peddlers following actor Sushant Singh Rajput's death in 2020. The court held that there was no legally admissible material linking Jani to the alleged drug network and putting him through trial would be a "futile exercise."
Case details
Case linked to Rajput's death
The NCB had registered a case in August 2020, linked to the abetment of Rajput's suicide, based on inputs from the Enforcement Directorate. The agency subsequently arrested several individuals, including actor Rhea Chakraborty, and filed a charge sheet with over 30 accused. As the probe progressed, it registered multiple additional NDPS cases based on disclosure statements and small recoveries, treating them as separate prosecutions arising from the same probe.
Court proceedings
More about case against Jani
Jani was not named in the main charge sheet but was later included in a separate case based on statements of the co-accused. The case against him originated from a small-quantity seizure where an accused was allegedly found with about four grams of cocaine. The special court allowed Jani's discharge plea, stating that the case "rests upon his own statement, which is not admissible in the eyes of law."
Legal proceedings
Relying on Supreme Court's Tofan Singh ruling
The court relied on the Supreme Court's ruling in the Tofan Singh case, per Hindustan Times, which clarified that statements recorded by NCB officers under Section 67 of the NDPS Act cannot be treated as confessional evidence in court. The prosecution also conceded that, given this position, statements of co-accused recorded under Section 67 had "no bearing on the fate of the case." There was no recovery from Jani or any witness linking him to a transaction.
Prosecution's claim
Court dismisses prosecution's reliance on alleged criminal antecedents
The court also dismissed the prosecution's reliance on Jani's alleged criminal antecedents. It held that the material cited merely showed that the investigating officer had sought a statement recorded in another case and "it does not mean that the applicant is arrayed as accused therein... there is no substance" in the claim of antecedents. Jani, charged under multiple provisions of the NDPS Act, like allegedly financing illicit traffic, stands discharged. The case will continue against the remaining accused.