Delhi cops' drug story falls flat

New Delhi: The Delhi Police’s case against Rahul Mahajan, late BJP leader Pramod Mahajan’s son, risks falling flat.

They on Wednesday failed to convince a special court that Rahul must be treated as a drug trafficker and are yet to specify the drug amount in the case.

The court said the prosecution had failed to prove Rahul’s involvement in "systematic and organised drug trafficking" or for possessing a commercial quantity of contraband.

Rejecting the charge that Rahul was involved in financing drug transactions, the court said: "The investigating agency was not able to distinguish between financing through one single transaction for personal consumption and a series of financial transactions."

"At this stage, it prima facie appears that a single transaction is being stretched in the facts of the instant case to fall in the ambit of a series of transactions as to take the case under Section 27 A of the NDPS act. This cannot be legally acceptable."

The police have booked Rahul under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, but since his arrest on June 5 have failed to specify the amount of drug he had consumed or possessed.

Fixing the amount of drugs is vital to the case, courts have told investigators.

The police have the Central Forensic Sciences Laboratory’s (CFSL) report on the "white substance" consumed by Rahul and recovered from his residence, but have admitted the forensic report "does not confirm the percentage of heroin in it".

A city court had earlier said punishment in the case would depend on the weight of the white substance, but the CFSL had not determined the same.

"It is the percentage so determined which governs the exact quantity of the narcotic drugs/drug being recovered," the court said.

However, the police said the lab report has confirmed that Mahajan's blood has tested positive for drug use.

All these reasons led to Rahul being given bail on Wednesday. He walked to freedom from the Tihar Jail in the evening and went to 7, Safdarjung Road—the bungalow where police alleged a drug party took place on June 1.