The Delhi Police has moved a petition before the High Court challenging the trial court order discharging four accused, including Rahul Mahajan, of the charge of financing illicit trafficking of narcotics in a drug abuse case.
In the application, filed before Justice Ravinder Bhatt, the police submitted that the trial court had ignored the evidence collected by it and discharged Mahajan, son of late Bharatiya Janata Party leader Pramod Mahajan, and his friend Sahil Zaroo besides two Nigerians, alleged drug peddlers, on January six this year.
Police sought a direction from the court to the trial court to frame charges against all the accused under Section 27-A (financing illicit traffic in drugs) of the Narcotics Drugs and Psychotropic Substances Act.
The city court had framed charges against Mahajan for allegedly purchasing drugs for personal consumption but not for the graver charge of financing of illicit traffic in drugs. He was charged under sections 27 (personal use), 21 read with 29 (criminal conspiracy and abetment) and 25 (allowing his premises for commission of the offence) under the NDPS Act.
The court, however, did not frame any of the accused under Section 27-A (financing illicit traffic in drugs), holding that it was not made out by the prosecution.
The maximum punishment for the offences the accused are charged with is six months while the section 27-A carries the minimum punishment of 10 years and maximum 20 years.
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