JOIN OUR WHATSAPP CHANNEL
HC quashes FIR against Mamta Kulkarni in drug case; says ‘continuation of prosecution would be abuse of court’
On Tuesday, the Bombay High Court dismissed an FIR against Mamta Kulkarni in a drug haul case, ruling that continuing the prosecution would amount to an abuse of the judicial process.
On Tuesday, the Bombay High Court dismissed an FIR against Bollywood actress Mamta Kulkarni related to a 2016 Rs 2,000 crore drug seizure case in Thane. The court found the proceedings to be 'manifestly frivolous and vexatious,' declaring that pursuing the case further would constitute an abuse of the judicial process. “We are satisfied that the continuation of the prosecution against the petitioner (Kulkarni) would be nothing short of abuse of process of court,” said a bench of Justices Bharati Dangre and Manjusha Deshpande.
In dismissing the case, as per the Free Press Journal, the court stated it was clearly of the opinion that the evidence against Mamta Kulkarni did not prima facie establish any offense. Justices Bharti Dangre and Manjusha Deshpande noted that Kulkarni's case was a 'fit instance' for exercising their inherent powers due to the proceedings being 'manifestly frivolous and vexatious.' Although the HC quashed the case against Kulkarni on July 22, the detailed order was made available on Wednesday (August 7).
After reviewing the witness statements and other evidence in the charge sheet, the High Court observed that the supposed conspiracy meeting occurred in the dining area of a hotel in Kenya, with Kulkarni seated on a sofa near the dining table. The court concluded that the evidence presented was insufficient to uphold the charges against Kulkarni under the NDPS Act.
“Mere presence of the petitioner (Kulkarni) in one of the meetings, even by accepting the material as what is reflected in the chargesheet, would definitely not be sufficient for sustaining conviction under the provisions invoked in the chargesheet,” the judges stated while quashing the FIR.
The bench, after examining all the evidence, stated, "On perusal of the entire material contained in the chargesheet, we are of the view that this material is not sufficient to sustain a charge against her under the NDPS Act and specifically under Section 8(c) (consumption of drugs) as well as 9(a) (Power of the Central Government to permit, control, and regulate)."
On April 12, 2016, Thane Police stopped two vehicles and found passengers carrying 2-3 kg of Ephedrine (powder), a regulated substance under the Narcotics Act. The drivers, Mayur and Sagar, were detained. The shipment, valued at over Rs 80 lakh, was associated with fake IDs from a pharmaceutical company.
The investigation led to the arrest of 10 individuals, with seven others, including Kulkarni, being sought. Police reported that Kulkarni had been involved in a meeting with one of the suspects, Vicky Goswami, and others at a hotel in Kenya in January 2016. Kulkarni's involvement was reportedly confirmed by the statement of another accused, Jain, who also attended the meeting.
The alleged conspiracy involved moving Ephedrine powder from a company in Maharashtra to Kenya to produce Methamphetamine, which Vicky Goswami and Dr. Abdulla planned to distribute globally. The prosecution asserted that the accused profited significantly from the drug sales. Kulkarni acknowledged knowing Vicky Goswami, one of the co-accused in the case.
Kulkarni's plea, submitted by Advocate Madhav Thorat, contended that the allegations against her were 'solely based on the statement of co-accused' and that 'there is no evidence of any nature'. Advocates VM Thorat and Madhav Thorat, appearing for Kulkarni, had sought cancellation of the FIR on the ground that there is no material justifying impleadment of the actor as an accused, and by no stretch of imagination can she be held liable for the act committed by the co-accused in the crime.
On the work front, Mamta Kulkarni has shared the screen with numerous top actors throughout her career, such as Shah Rukh Khan, Salman Khan, Aamir Khan, and Govinda, among others. In 2003, she stepped away from acting and embraced a life as a yogini. She is now reportedly residing in Kenya, far removed from the entertainment industry.
Latest Articles
