Cordelia cruise drugs bust case: NCB says sanction for probe granted within stipulated time
The Narcotics Control Bureau (NCB) was countering Wankhede’s claim that the sanction to probe the allegations were belated.
MUMBAI: In its affidavit filed before the Bombay high court, the Narcotics Control Bureau (NCB) has claimed that it had procured sanction to probe the allegations of corruption against Indian Revenue Service (IRS) officer Sameer Wankhede and two other ex - NCB officers well within stipulated time. The agency added there was no delay in obtaining the sanction, as required under the Prevention of Corruption Act. Apart from the three ex - NCB officers, the October 2021 alleged drugs bust case has two private persons ( independent case witnesses) as co - accused.
Countering Wankhede’s claim that the sanction to probe the allegations were belated, the NCB has claimed that the sanction was granted by the Competent Authority under the Ministry of Home Affairs within 21 days after the CBI informed them about it. NCB claimed that CBI informed them only on April 18, 2023, that such a sanction was needed for starting the probe and the same was acquired within the stipulated deadline of three months, and thus, there was no delay in obtaining sanction to prosecute him.
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The NCB has filed the affidavit in response to the petition filed by Wankhede for quashing the FIR registered by the CBI against him, contending that the NCB had not obtained sanction to probe the matter within 3 months, as contemplated under Section 17A of the Prevention of Corruption Act.
The affidavit stated that only on April 18 this year the CBI informed NCB that the former was to initiate a probe based on the findings of NCB’s Special Enquiry Team (SET) and asked NCB to submit to it a written complaint as well as sanction from the Competent Authority to probe the allegations.
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Accordingly, NCB applied for sanction and the MHA gave its sanction on May 11 – the day on which CBI registered the FIR, booking Wankhede, then NCB superintendent Vishwa Vijay Singh, then intelligence officer Ashish Ranjan and private individuals K P Gosavi and Sanville aka Sam D’Souza for allegedly conspiring to extort ₹25 crore from Shah Rukh Khan in lieu of not booking his son in the cruise drugs bust case and subsequently obtaining a bribe of ₹50 lakh from the actor.
“The Narcotics Control Bureau has obtained the requisite prior approval under Section 17A on May 11, 2023, which is within three months from the date of the application,” stated the affidavit. “Hence, there is no bar of Section 17A in the present case,” it added.
The NCB affidavit stated that on April 18 this year, CBI addressed a letter, asking them “to submit a written complaint against the petitioner (Wankhede) and other officials along with prior approval under Section 17A of the Prevention of Corruption Act, 1988. Since as per CBI, the perusal of the report of the enquiry prima facie disclosed the commission of criminal offences under the Prevention of Corruption Act, 1988 and Indian Penal Code, 1860.”
“This is the first time that the NCB came to know that the CBI was in the process of commencing criminal action against the petitioner and had accordingly asked NCB to submit the prior approval under section 17A of Prevention of Corruption Act 1988,” the affidavit added.
The Bombay High Court on May 19 had given interim protection to Wankhede from any coercive action by the CBI, after he offered to appear before the investigating officer of the CBI and co-operate with the probe. The protection is till June 8.
Section 17A of the PC Act requires prior sanction before any police officer conducted enquiry or investigation into any offence alleged to have been committed by a public servant and the offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties. The section says that the concerned authority shall convey its decision within a period of three months, which may be extended by a further period of one month.
The NCB SET had investigated various complaints of irregularities and procedural lapses in the investigation of the drugs case, allegations of corruption etc and the CBI corruption case is based on the findings recorded by the SET.
Wankhede is learnt to have told the CBI that the allegations against him, pertaining to the arrest of Aryan being only an attempt for demanding money in lieu of his release/not booking him for possession of narcotics, were false and imaginary.
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