Trial court seeks Rahul Mahjan drug abuse case file from HC

Additional Sessions Judge S C Rajan requisitioned the file saying due to its non-availability, the trial of the case was held up. The high court had earlier summoned the sessions court document to adjudicate revision petitions of Rahul and other co-accused persons challenging the framing of charges against them in the case of 2006.

"Request letter be issued to the Registrar General to send this case file to this court as proceedings of this case are being delayed due to non-availability of the file. The same is pending in the high court in criminal revision and one of the accused is in jail," the court said.

In its letter to the high court, the trial court said it would take care to send the requisitioned file back to the high court before the next date of hearing of the revision petition there.

The trial court sent the letter to the high court requesting for the file saying that in its absence, the public prosecutor was unable to examine prosecution witness Karan Ahuja in the case.

The court also issued production warrants against two accused in the case -- Abdul Latif, lodged in Tihar Jail and Nigerian national Egbedokun James Taiwo, lodged in presidency correctional home in Kolkata and who were not produced before it today.

The judge issued production warrant against Abdul on a plea by his counsel for the same.

"In view of the submissions, production warrant of accused Abdul Latif be issued against him for the date fixed and notice be issued to the jail superintendent, jail number four, to produce him on next date of hearing," the court said.

The court also issued the production warrant against James to Kolkata's Presidency Correctional Home and fixed the case for next hearing on September 27. Rahul Mahajan is accused of consuming and distributing drugs at the official residence of his slain father Pramod Mahajan in a late night party on June 2, 2006.

Mahajan, along with his late father's secretary Vivek Moitra, was later admitted to Apollo Hospital here in the wee hours of June 2, 2006, after allegedly consuming drugs. Moitra later died in the hospital.

The sessions court had earlier framed charges against Mahajan and his accomplices Harish Sharma, Sahil Zaroo, Nigerian nationals Abdul Latif Ashola alias Mohd Abdullah, Taiwo and others under the Indian Penal Code and the NDPS Act for their roles in the case.

The trial in the case was stalled for over two years as the Delhi High Court had summoned the sessions court documents to adjudicate revision petitions of Rahul and others challenging the framing of charges against them.

The accused had moved the high court contending they had been unduly charged under harsher provisions of the Narcotics Drugs and Psychotropic Substances (NDPS) Act. On the other hand, police had claimed they were booked under rather milder sections of the Act.