Agency report
 
Mumbai, Jun 13: On June 5, Narcotics Drugs and Psychotropic Substance (NDPS) judge P N Deshpande said actor Fardeen Khan had wanted to buy over 10 grams of cocaine, which called for a trial and a minimum sentence of 10 years, if convicted.

Earlier, as it was believed that Fardeen had just wanted to purchase one  gram of cocaine, he was allowed to undergo detoxification, under the NDPS Act to prove to the court that he had reformed, and so, would not have to face trial.

According to Fardeen’s lawyer Ayyaz Khan, the NDPS Act allows accused charged with buying under two grams of cocaine to go free if he or she agrees to undergoes detoxification or a probation period decided by the court.

This provision is only available to an accused once in a lifetime. “The complaint filed against Fardeen does not specify the quantity of cocaine he was trying to purchase. We had asked the court to clarify the quantity for which he will be charged.

As per the statements of accused and The Narcotics Control Bureau (NCB) report, Fardeen wanted to buy only one gram cocaine.

If he was charged for the same, he would have pleaded guilty and undergone detoxification. The actor wanted to take an honest defence,” said advocate Ayyaz Khan.

The NCB team had intercepted Fardeen and Nasir Abdul Karim at the HSBC drive-in ATM at Juhu on May 5, 2001. Nasir had over 9 grams of cocaine in his possession to the NCB officers.

Karim told the officers that he had wanted to deliver one gram of cocaine to Fardeen for Rs 3,500. Karim had also admitted he had purchased 15 grams of cocaine from Tony Gomes, who was arrested later.

Advocate Prakash Bhandari, who is appearing for Gomes, said, “The quantity involved in the case is non-commercial (less than 100 grams). Thought the court has said that it is a commercial quantity, I think it’s a typing error.”
 
THE LAW

- Less than two grams of cocaine is considered a small quantity punishable with jail up to six months or fine up to Rs 10,000 or both
- Three to 99 grams is a non-commercial quantity, punishable with up to 10 years in jail
- Hundred grams and above is considered a commercial quantity, which attracts a  minimum sentence of 10 years imprisonment and maximum of 20 years