<p>The prosecution in the hit-and-run case involving Salman Khan cited evidence to argue that the actor was under the influence of alcohol and the Toyata Land Cruiser Lexus, “which he was driving”, did not have any mechanical defect. <br /><br /></p>.<p>The prosecution had on Tuesday said that Khan, 49, and his friend, singer Kamaal Khan, ran away from the site of accident without helping the victims. On September 28, 2002, Khan was driving the car and dashed it into the American Express Bakery and laundry off the junction at the Hill Road-St Andrews Road at Bandra-West, killing one person and injuring four others, special public prosecutor Pradeep Gharat said. Khan faces the charge of section 304-II of the Indian Penal Code that attracts a punishment of a maximum of 10 years.<br /><br />During the course of final arguments on Wednesday, Gharat told judge D W Deshpande of the Mumbai sessions court that there was no case of tampering of blood samples.<br />Gharat connected the evidence of four prosecution witnesses — Dr Shashikant Pawar of Sir JJ Hospital, who took the blood samples of the actor; Vijay Salunke, the sub-inspector of Bandra police station who accompanied the actor to the hospital; Sharad Gorade, the police staff who carried the blood samples to the Forensic Science Laboratory; and Duttatreya Balachander, the chemical analyst who analysed the blood. “He (Balachander) has proved that the accused (Khan) had consumed alcohol….his analysis (of the blood samples) has revealed the presence of 62 mg of alcohol in 100 ml of blood,” he said. “There is no reason to doubt the witness,” he said and referred to the cross-examination of Balachander by defence advocate Shrikant Shiwade. <br /><br />“The questions that he asked are conjectures, surmises and hypothesis,” he said, adding that when the samples were delivered to him by Salunke, he checked form-A and form-B and also whether the vials were sealed. “The seal was intact. He had taken all precautions,” he said, adding that the reagents were of good quality, apparatus was cleaned, dried in hot air ovens and checked for suspended impurities. <br /><br />“When he opened the packed, there were to vials…he measured the quantity of blood…once it tested positive, he checked for quantity. In the accused’s samples, 62 mg of alcohol was found in 100 ml blood. The permissible level is 30 mg, it may increase up to 40 to 42 per cent if a person is on medication,” he said.<br /><br />He also said that when Dr Pawar took the samples, he ensured that it was sealed properly. “The witness has said that he took vials that were stored there. Any aspect of tampering is ruled out. There is no possibility of tampering. Possibilities are to be bifurcated from probabilities,” he said.<br /><br />Once the blood samples were taken, the constable accompanying Salunke delivered it to then senior inspector of Bandra police station, Kishan Shengal. “There is no denial of this evidence. It was then carried by Gorade to the chemical analyst…and Balachander had received it intact…..at no stage there was tampering,” he said.<br /> <br /></p>
<p>The prosecution in the hit-and-run case involving Salman Khan cited evidence to argue that the actor was under the influence of alcohol and the Toyata Land Cruiser Lexus, “which he was driving”, did not have any mechanical defect. <br /><br /></p>.<p>The prosecution had on Tuesday said that Khan, 49, and his friend, singer Kamaal Khan, ran away from the site of accident without helping the victims. On September 28, 2002, Khan was driving the car and dashed it into the American Express Bakery and laundry off the junction at the Hill Road-St Andrews Road at Bandra-West, killing one person and injuring four others, special public prosecutor Pradeep Gharat said. Khan faces the charge of section 304-II of the Indian Penal Code that attracts a punishment of a maximum of 10 years.<br /><br />During the course of final arguments on Wednesday, Gharat told judge D W Deshpande of the Mumbai sessions court that there was no case of tampering of blood samples.<br />Gharat connected the evidence of four prosecution witnesses — Dr Shashikant Pawar of Sir JJ Hospital, who took the blood samples of the actor; Vijay Salunke, the sub-inspector of Bandra police station who accompanied the actor to the hospital; Sharad Gorade, the police staff who carried the blood samples to the Forensic Science Laboratory; and Duttatreya Balachander, the chemical analyst who analysed the blood. “He (Balachander) has proved that the accused (Khan) had consumed alcohol….his analysis (of the blood samples) has revealed the presence of 62 mg of alcohol in 100 ml of blood,” he said. “There is no reason to doubt the witness,” he said and referred to the cross-examination of Balachander by defence advocate Shrikant Shiwade. <br /><br />“The questions that he asked are conjectures, surmises and hypothesis,” he said, adding that when the samples were delivered to him by Salunke, he checked form-A and form-B and also whether the vials were sealed. “The seal was intact. He had taken all precautions,” he said, adding that the reagents were of good quality, apparatus was cleaned, dried in hot air ovens and checked for suspended impurities. <br /><br />“When he opened the packed, there were to vials…he measured the quantity of blood…once it tested positive, he checked for quantity. In the accused’s samples, 62 mg of alcohol was found in 100 ml blood. The permissible level is 30 mg, it may increase up to 40 to 42 per cent if a person is on medication,” he said.<br /><br />He also said that when Dr Pawar took the samples, he ensured that it was sealed properly. “The witness has said that he took vials that were stored there. Any aspect of tampering is ruled out. There is no possibility of tampering. Possibilities are to be bifurcated from probabilities,” he said.<br /><br />Once the blood samples were taken, the constable accompanying Salunke delivered it to then senior inspector of Bandra police station, Kishan Shengal. “There is no denial of this evidence. It was then carried by Gorade to the chemical analyst…and Balachander had received it intact…..at no stage there was tampering,” he said.<br /> <br /></p>
