India

MUMBAI: The Bombay high court on Friday continued till June 28 an interim protection from coercive action and arrest granted to former Narcotics Control Bureau (NCB) zonal director Sameer Wankhede in an alleged bribery case filed by CBI related to the international cruise terminal drug bust case.

A division bench of Justice AS Gadkari and Justice S G Dige was hearing a quashing petition filed by Wankhede, now an IRS officer, against the first information report (FIR) filed by Central Bureau of Investigation (CBI).The CBI counsel Kuldeep Patil submitted that the interim relief to Wankhede not be continued without a proper hearing on merits of the case.

The interim relief is continuing since May 19 but it has yet to be heard on merits he said as saying the case was "of serious and sensitive nature, and the investigation was in its initial and crucial stage."The bench said since section 41A notice under code of criminal procedure was issued by CBI— a notice issued to ensure attendance of a person for explanation when no arrest is intended and offence invoked attracts less then seven years’ sentence —was the CBI willing to make a statement on whether a need to arrest now had arisen.

Senior counsel Aabad Ponda for Wankhede said the officer had appeared before CBI officers seven times and was cooperating with the probe, therefore his interim protection be extended as there was no cause for arrest.The CBI said the interim order affected the ongoing probe.

To consider CBI’s request, the court sought the case diary of investigation to see if stage of arrest had reached.

Patil said the stage may not have reached and said he would submit diary by June 27 adding that no distrust need be shown on the agency."The insistence to not make a statement (that you don't want to arrest him) is raising serious doubts.

How do we know you are maintaining the diary properly? You have three days (to submit it)...", the bench said.The HC suggested CBI could give Wankhede 48-hour notice prior to taking coercive action to enable him seek legal remedy.Patil argued that Wankhede can approach the sessions court for pre-arrest bail..The bench noting that CBI is a "prime investigating agency" asked if it would give a statement of issuing a 48-hour notice and if it did HC said it would relegate matter to Sessions court.

“Why are you playing hide and seek? Why are you shying away from saying whether you want to arrest him or not?" the court asked.

.However, the CBI counsel said while the agency does not want to arrest Wankhede now, the court should not restrict it.The CBI FIR pertains to the Rs 25-crore bribe allegedly demanded by Wankhede and others from family of Aryan Khan, son actor ShahRukh Khan arrested in the October 2021 Cordelia cruise ship drug bust case at the international cruise terminal in Mumbai.

Wankhede said he is being made a “scapegoat” by his superiors.

The basis of the complaint was an inquiry conducted by NCB's SET and CBI said it has necessary prior sanction from Ministry of Home Affairs to prosecute Wankhede.

Wankhede also sought to submit an additional rejoinder to CBI’s reply seeking dismissal of his petition.

Ponda said that "central agencies do not have a lawful prior sanction as required" as Section 17A of the Prevention of Corruption Act would require the approval to be granted by the Finance Ministry under whose employment he is.

At the hearing, advocate Nilesh Ojha sought to intervene and to seek time saying a PIL has been filed to make certain persons also accused in the case.





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