INSUBCONTINENT EXCLUSIVE:
MUMBAI: The Bombay high court on Friday continued till June 28 an interim protection from coercive action and arrest granted to former
Narcotics Control Bureau (NCB) zonal director Sameer Wankhede in an alleged bribery case filed by CBI related to the international cruise
A division bench of Justice AS Gadkari and Justice S G Dige was hearing a quashing petition filed by Wankhede, now an IRS officer, against
the first information report (FIR) filed by Central Bureau of Investigation (CBI).The CBI counsel Kuldeep Patil submitted that the interim
relief to Wankhede not be continued without a proper hearing on merits of the case
The interim relief is continuing since May 19 but it has yet to be heard on merits he said as saying the case was "of serious and sensitive
nature, and the investigation was in its initial and crucial stage."The bench said since section 41A notice under code of criminal procedure
Senior counsel Aabad Ponda for Wankhede said the officer had appeared before CBI officers seven times and was cooperating with the probe,
therefore his interim protection be extended as there was no cause for arrest.The CBI said the interim order affected the ongoing probe
Patil said the stage may not have reached and said he would submit diary by June 27 adding that no distrust need be shown on the agency."The
insistence to not make a statement (that you don't want to arrest him) is raising serious doubts
How do we know you are maintaining the diary properly? You have three days (to submit it)...", the bench said.The HC suggested CBI could
give Wankhede 48-hour notice prior to taking coercive action to enable him seek legal remedy.Patil argued that Wankhede can approach the
sessions court for pre-arrest bail..The bench noting that CBI is a "prime investigating agency" asked if it would give a statement of
issuing a 48-hour notice and if it did HC said it would relegate matter to Sessions court
.However, the CBI counsel said while the agency does not want to arrest Wankhede now, the court should not restrict it.The CBI FIR pertains
to the Rs 25-crore bribe allegedly demanded by Wankhede and others from family of Aryan Khan, son actor ShahRukh Khan arrested in the
October 2021 Cordelia cruise ship drug bust case at the international cruise terminal in Mumbai
The basis of the complaint was an inquiry conducted by NCB's SET and CBI said it has necessary prior sanction from Ministry of Home Affairs
Ponda said that "central agencies do not have a lawful prior sanction as required" as Section 17A of the Prevention of Corruption Act would
require the approval to be granted by the Finance Ministry under whose employment he is
At the hearing, advocate Nilesh Ojha sought to intervene and to seek time saying a PIL has been filed to make certain persons also accused
