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BAKER ANTHONY Paul and two others who were booked for allegedly planting drugs on actor Chrisann Pereira will not face one of the stringent sections of the anti-drug law which had a maximum punishment of 20 years after a special court said there was no allegation to substantiate the charge. The special court has transferred the case to a magistrate court for trial as the maximum punishment under the anti-drug law they now face is less than three years imprisonment.
Paul was arrested in April by Mumbai police allegedly for falsely implicating Pereira. The actor was arrested in Sharjah, UAE, on April 1, after Paul allegedly framed her by concealing drugs in a trophy she was given to carry, in the guise of a visit for an audition. The police have charged Paul and two others under sections including cheating, forgery of the IPC and sections of Narcotic Drugs and Psychotropic Substances Act.
One of the sections they were charged under was section 24 which has provisions for punishment when an accused engages in or controls any trade whereby a narcotic drug or psychotropic substance is obtained outside India and supplied to any person outside India.
“On going through provisions of section 24, the section would not be applicable as there is no allegation that the substance was obtained outside India and supplied to any person outside India,” special Judge A V Kharkar said in his order on Tuesday. It said that the special court under NDPS Act can hear cases where the punishment is beyond three years and hence the case is not exclusively triable before it. It said the case can therefore be transferred to the Chief Metropolitan Magistrate. The court said that contraband seized in the case is a small quantity of ganja for which the punishment is one year. The magistrate court will decide on the other charges under the IPC as well as other charges under the NDPS Act, the accused face, based on which the trial will proceed.
Last month, the court had denied bail to Paul stating that it has to consider the traumatic 27 days spent by Pereira in a Sharjah prison due to his alleged acts. The police also claim that there were four other victims including a DJ, Clayton Rodrigues, who has been sentenced to 25 years in jail in Sharjah after being found in possession of a drug-laced cake.
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