A Delhi court on Thursday dismissed the plea of late Bharatiya Janata Party leader Pramod Mahajan's son Rahul Mahajan, who faces trial in a drug abuse case, seeking the clubbing of separate case registered against the doctors and management of Apollo Hospitals for destroying evidence.
Additional Sessions Judge S N Gupta rejected the contention of Rahul that a person cannot be tried at two different places for the same offence.
The order to this effect was passed after Special Public Prosecutor B S Joon opposed the plea saying that in the other case Rahul was named in column number two of the chargesheet and and would not have to face trial.
Meanwhile, the slain BJP leader's aide Harish Sharma, who has been accused of destroying evidence in the case, contended no case was made out against him as he was not aware of the commission of the alleged offence.
Opposing the framing of charges, his counsel Ramesh Gupta contended that when the servants at Pramod Mahajan's 7, Safdarjung Road residence were asked to clean the floor of the vomit he was not aware that any offence was committed.
"He (Sharma) had only asked the servant to remove the bottles and glasses from the table and to clean the floor of the vomit," the counsel said. "It was expected of any reasonable person and as such it did not constitute offence of destruction of evidence."
Clarifying the legal position, he said the offence of destroying evidence cannot be made out as no knowledge of the commission of any offence can be imputed to him at that time. Arguments remained inconclusive and would resume on Decemeber 18.
The prosecution had on December 7 concluded its arguments on the charges, saying it was not a case of just personal use but of distribution of drugs and pressed charges under various provisions of the NDPS Act against Mahajan, Sahil Zaroo and Nigerian nationals Abdul Lateef Ashola Md Abdullah and Egbedokun James Taiwo.
Harish Sharma and servant Ganesh Kumar Sinha are accused of destroying evidence.
The chargesheet in the case was filed on August 3, alleging Mahajan had used the 7, Safdarjung Road residence of his late father for distribution and consumption of drugs for a party on the intervening night of June 1 and 2.
Sahil and Mahajan, along with the late BJP leader's key aide Bibek Moitra, had allegedly consumed an unspecified quantity of the contraband on June 1 which was supplied by three Nigerians.
While Moitra was brought dead to Apollo Hospital, Rahul and Sahil had to be medically treated for their health condition. A case under the NDPS Act was registered with the Tughlaq Road police station.
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