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 October 2, 2002 
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Salman Khan
Salman's alcohol level: double the permissible amount
Maharashtra's Dep CM Chhagan Bhujbal promises a thorough probe

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Is Salman Doomed?

Traces of alcohol in the blood sample of Bollywood star Salman Khan, involved in a hit and run case of drunk driving were found "double the permissible limit", disclosed Maharashtra deputy chief minister Chhagan Bhujbal.

Bhujbal had directed Joint Commissioner (Law and Order) Javed Ahmed September 30 to probe the matter and submit a report in a week. The investigating team earlier recorded statements of personnel and eyewitnesses at the five-star J W Marriott Hotel and Rain, a pub. Salman reportedly consumed alcohol at both places, said Bhujbal.

The probe has also revealed that the Bollywood star's Landcruiser was in 'perfect condition', Bhujbal said.

He was replying to queries by reporters about the ongoing probe into the accident case involving Salman. The actor had rammed his vehicle into a Mumbai bakery, killing one and injuring four others in the early hours of September 28.

The deputy chief minister revealed that Rajendra Patil, the police bodyguard provided to Salman, had advised the actor 'not to indulge in rash driving' on previous occasions. "We have written to the Road Transport Office two days ago to suspend the licence of the star," Ahmad said. Salman's licence is expected to be suspended as per the provisions of the Motor Vehicle Act.

Asked about allegations in a section of media that Salman was given "VIP treatment following his arrest", Bhujbal said it would be looked into during the probe.

Ahmed added, "The inquiry is on and we are looking into several aspects, including interrogation of witnesses, documentary proofs, spot evidence and medical tests of the actor."

The probe will also focus on the delay caused by the local police station in arresting the actor. The mishap occurred at 3 am September 28. Salman was arrested at 11 am. And the alcohol test was performed on him at 3 pm. "I hope to complete the probe in a week," Ahmad said.

The probe has also has triggered off a debate in legal circles on the possibility of his fresh arrest for non-bailable offences. Leading lawyer Mubin Solkar said the police may add culpable homicide not amounting to murder enumerated in Section 304 A (causing death by negligence) of the Indian Penal Code in Salman's case. This was a non-bailable offence and the punishment prescribed under it is ten years and fine or both. Solkar added, "Generally in accident cases, police apply 304 A IPC as in Salman's case."

Another criminal lawyer Sayaji Nangre said the police will have to establish that Salman did intend to kill people while driving rashly, if the charge under section 304 had to be applied in this case. "Salman may have driven the vehicle rashly but obviously, he had no knowledge of or intention to kill persons," Nangre said.

Lawyer Subhas Kanse said a charge could be altered any time by the police. If cops realise that a serious offence had been made, they could alter the charge 304 A IPC to 304 IPC (culpable homicide not amounting to murder). However, Kanse said Salman's case had been "blown out of proportion" because he was an actor. "Any other person involved in such accident would have faced the charge of 304 A which had already been done in Salman's case," he said.

Salman's lawyer Waris Pathan contended that the case had received worldwide attention because of the actor's involvement. He said the police could alter the charge or add any other later.

Meanwhile, the actor's brother Arbaaz Khan told a section of the media that Salman was not driving the vehicle at the time of the accident and that the actor would speak at an appropriate time. He also maintained that the actor's cousin Kamaal Khan, who was with Salman on the day of the accident, had not absconded as claimed by the media, but was present in the city.

PTI

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