The Bombay High Court recently quashed a 2016 drug case against former Bollywood actress Mamta Kulkarni [Mamta Mukund Kulkarni v. State of Maharashtra].The Court said that the charges against her were "frivolous and vexatious" and her mere presence at a meeting linked to the alleged drug conspiracy, was insufficient to sustain a conviction.There was no substantial evidence to justify her involvement, the Court concluded.Kulkarni was implicated in the case following a first information report (FIR) registered with the Vartak Nagar Police Station in Thane.She was booked under various provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).The case revolved around a conspiracy to smuggle Ephedrine powder from Avon Life Science Company in Solapur to Kenya for the production of Methamphetamine. According to the prosecution, the conspiracy was hatched during a meeting in January 2016 at Hotel Bliss in Mombasa, Kenya. Kulkarni was alleged to have been present at this meeting along with other accused, including Vicky Goswami and Manoj Jain..The investigation led to the arrest of several individuals including two people found in possession of 1 kg of Ephedrine powder in Thane. Subsequent arrests and a supplementary charge-sheet implicated Kulkarni, primarily based on statements from co-accused who described her as a conspirator.A bench of Justice Bharati Dangre and Justice Manjusha Deshpande delivering the order, emphasised the lack of direct evidence against Kulkarni. "The material collected even on being accepted in entirety, does not prima facie constitute any offence against the Petitioner," the Court stated. The Court further noted that simply being present at a meeting would not be sufficient to support a conviction under the NDPS Act..During the hearing, Kulkarni’s counsel argued that there was no direct evidence linking her to the alleged conspiracy. "Even if the statements are accepted as they are, there is no role attributed to the petitioner except her presence," it was contended. The Court agreed, highlighting that the statements of the co-accused, which formed the crux of the charges against Kulkarni, were not admissible in law.The High Court also referred to the Supreme Court’s guidelines on exercise of inherent powers under Section 482 of the Criminal Procedure Code to prevent abuse of process and secure justice. The judges cited a precedent, stating, "In absence of any material establishing the charge under NDPS Act, we are satisfied that continuation of the prosecution against the petitioner would be nothing short of abuse of process of Court." Hence, it quashed the FIR..Advocates VM Thorat, MV Thorat and Amar Bodke for the petitioner.Additional Public Prosecutor Dr. Ashvini Takalkar for the State..[Read Order]
The Bombay High Court recently quashed a 2016 drug case against former Bollywood actress Mamta Kulkarni [Mamta Mukund Kulkarni v. State of Maharashtra].The Court said that the charges against her were "frivolous and vexatious" and her mere presence at a meeting linked to the alleged drug conspiracy, was insufficient to sustain a conviction.There was no substantial evidence to justify her involvement, the Court concluded.Kulkarni was implicated in the case following a first information report (FIR) registered with the Vartak Nagar Police Station in Thane.She was booked under various provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).The case revolved around a conspiracy to smuggle Ephedrine powder from Avon Life Science Company in Solapur to Kenya for the production of Methamphetamine. According to the prosecution, the conspiracy was hatched during a meeting in January 2016 at Hotel Bliss in Mombasa, Kenya. Kulkarni was alleged to have been present at this meeting along with other accused, including Vicky Goswami and Manoj Jain..The investigation led to the arrest of several individuals including two people found in possession of 1 kg of Ephedrine powder in Thane. Subsequent arrests and a supplementary charge-sheet implicated Kulkarni, primarily based on statements from co-accused who described her as a conspirator.A bench of Justice Bharati Dangre and Justice Manjusha Deshpande delivering the order, emphasised the lack of direct evidence against Kulkarni. "The material collected even on being accepted in entirety, does not prima facie constitute any offence against the Petitioner," the Court stated. The Court further noted that simply being present at a meeting would not be sufficient to support a conviction under the NDPS Act..During the hearing, Kulkarni’s counsel argued that there was no direct evidence linking her to the alleged conspiracy. "Even if the statements are accepted as they are, there is no role attributed to the petitioner except her presence," it was contended. The Court agreed, highlighting that the statements of the co-accused, which formed the crux of the charges against Kulkarni, were not admissible in law.The High Court also referred to the Supreme Court’s guidelines on exercise of inherent powers under Section 482 of the Criminal Procedure Code to prevent abuse of process and secure justice. The judges cited a precedent, stating, "In absence of any material establishing the charge under NDPS Act, we are satisfied that continuation of the prosecution against the petitioner would be nothing short of abuse of process of Court." Hence, it quashed the FIR..Advocates VM Thorat, MV Thorat and Amar Bodke for the petitioner.Additional Public Prosecutor Dr. Ashvini Takalkar for the State..[Read Order]
