Enquiry against Sameer Wankhede based on complaints, not at Nawab Malik's behest: NCB to Bombay HC

Mumbai: The Narcotic Control Bureau (NCB) on Tuesday told the Bombay High Court that its enquiry into alleged irregularities by its former zonal director, Sameer Wankhede, was based on "non-anonymous" complaints and not at the behest of NCP leader Nawab Malik.

The NCB, in an affidavit filed by Vishal Sanap, Deputy Director General (South West Region), claimed that the enquiries against the 2008-batch IRS officer were based on two specific "non-anonymous" complaints.

The agency denied any communication from Malik, asserting it has a duty to probe allegations of irregularities in Wankhede's past cases.

"It is pertinent to note that neither of the said complaints had been lodged by Nawab Malik, nor were these enquiries initiated pursuant to any communication emanating from him," the affidavit stated.

Wankhede had filed a petition in the high court, challenging the probe into his handling of drug cases, including one involving actor Sushant Singh Rajput's death.

He has then submitted a rejoinder affidavit to the court through his counsel Rajiv Chavan, claiming that he is facing multiple cases after he arrested actor Shah Rukh Khan's son Aryan Khan in the 2021 drugs-on-cruise case, and alleged that former minister Malik also held a grudge against him, as he had arrested the latter's son-in-law, Sameer Khan, in a drugs case.

The NCB on Tuesday informed the bench of Justices A S Gadkali and Kamal Khata that it has the right and duty to verify and probe the allegations contained in the two complaints.

The probe is only at the verification stage, it said, claiming that Wankhede had been delaying the process by filing petitions and other legal proceedings since 2024.

It said that Wankhede has been called for questioning only to afford him a fair opportunity to explain his stand, as is the mandate of natural justice.

Wankhede's counsel Chavan sought time from the court to examine the NCB's affidavit.

The bench then posted the matter for hearing after two weeks.

The NCB had earlier submitted to the HC that there were serious and grave allegations of irregularities against Wankhede, and hence, a preliminary enquiry was initiated against him.

After Sushant Singh Rajput allegedly committed suicide at his residence in Mumbai in June 2020, the NCB initiated a probe into alleged drug use in the film industry.

The agency later registered a case of alleged possession, consumption and financing of drugs against the late actor's girlfriend Rhea Chakraborty, her brother Showik and 33 others.

Later, the NCB received complaints of irregularities in the probe against Wankhede.

From November 2023 to March 2024, the NCB issued eight notices to Wankhede, directing him to appear before the agency's Deputy Director General Sanjay Singh, who is heading the preliminary inquiry.

The IRS officer, in his petition, claimed he was being targeted and the inquiry was an "act of vengeance".

Wankhede was also booked by the Central Bureau of Investigation (CBI) in May 2023 on charges of extortion and bribery for allegedly seeking Rs 25 crore for not framing actor Shah Rukh Khan's son Aryan Khan in a case of drug bust on a cruise ship in 2021.

The NCB later filed a chargesheet in the case against 14 accused, but gave a clean chit to Aryan Khan.

The Enforcement Directorate (ED) also later lodged a money laundering case against Wankhede.

He had moved the HC against both cases and was granted interim protection from any coercive action.