The Bombay High Court quashed the case against actor Mamta Kulkarni in connection with the seizure of illegal drugs worth Rs 2,000 crore in 2016, holding that the proceedings against her were “manifestly frivolous” and “their continuation would be nothing short of abuse of process of court”.
Her partner Vicky Goswami was also named as an accused in the FIR registered by the Thane police. The anti-narcotics cell of the police had seized 20 tonnes of ephedrine from a Solapur factory.
The prosecution had claimed that Kulkarni along with Goswami and one Manoj Jain, director of Avon Lifesciences, among others, had in January 2016 held a conspiracy meeting in a hotel in Kenya for the sale and purchase of narcotic substances.
The police had claimed that as per the said conspiracy, the ephedrine powder which was allegedly lying in Avon Life Science Company at Solapur, would be transported to Kenya to manufacture Methamphetamine out of the ephedrine powder, which would be sold throughout the world by Goswami and another accused Dr. Abdulla for their personal benefits.
A division bench of Justices Bharati H Dangre and Manjusha A Deshpande passed a verdict on Kulkarni’s plea alleging wrong implication in the case and seeking quashing of the case, a detailed copy of which was made available on Tuesday night.
“On the basis of the material in the chargesheet, we are of the clear opinion that the material collected even on being accepted in entirety, do not prima facie constitute any offence against the petitioner,” the bench noted.
“Therefore, we are satisfied that continuation of the prosecution against the petitioner would be nothing short of abuse of process of court and despite filing of chargesheet, we do not deem it appropriate to direct the petitioner to seek discharge, but on being satisfied that this is a fit case where we should exercise our inherent powers, since the proceedings are manifestly frivolous and vexatious,” it held.
As per statement of a witness, an alleged conspiracy meeting had taken place on January 8, 2016 at a hotel in Kenya in which Goswami, his two partners were present.
The witness further stated that all persons had assembled in the dining hall and Kulkarni was sitting in the sofa, placed next to the dining table
“Mere presence of the petitioner in one of the meetings, even by accepting the material as what is reflected in the chargesheet would definitely not be sufficient for sustaining conviction under the provisions which are invoked in the charge-sheet,” the bench noted.
While setting aside the FIR, the HC also noted that the “material record is not sufficient to sustain a charge against the petitioner under the NDPS Act” and it “is also insufficient for framing of charge under Section 27A, which prescribed punishment for financing illicit trafficking and harbouring offenders.”
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