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A Special Narcotics Drugs and Psychotropic Substances Act (NDPS) court on Monday rejected the discharge plea of Tony Gomes,accused of supplying drugs which was purchased by actor Fardeen Khan in 2001.
Gomes had sought to be discharged from the case,claiming that he was falsely implicated and that the chemical analysis report from the forensic science laboratory failed to show a significant percentage of cocaine in the tested drug sample.
The prosecution,however,opposed the discharge plea stating that Gomes was the main accused who supplied drugs to co-accused Nasir Shaikh which in turn was given to actor Fardeen Khan.
The FSL report indicated that the actual percentage of cocaine in the seized substance is not enough to prove the charges against the accused, Gomess plea had stated. Gomess lawyer Shekhar Bhandary argued that the report does not mention any percentage of cocaine,which means that not even 0.1 per cent of cocaine the bare minimum required under the NDPS Act was detected in the test.
Special Judge A A Bhatkar however,refused to accept the argument and rejected the plea. The Narcotics Control Bureau had arrested Fardeen outside an ATM in suburban Juhu on May 5,2001 for allegedly possessing cocaine. While Fardeen claimed he had attempted to purchase only one gram of cocaine from Nasir,the NCB alleged that nine gram of cocaine was recovered from Fardeen and Nasir.
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