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‘ATS didn’t follow protocol’

Defence counsel Shirish Gupte on Thursday said that ATS officials did not possess an official sanction at the time of Mohan’s arrest.

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IPS officer Saji Mohan, who was accused of drug peddling, has argued that the procedure of investigation carried out by the Anti-Terrorism Squad (ATS) was “improper”.

Defence counsel Shirish Gupte on Thursday said that ATS officials did not possess an official sanction at the time of Mohan’s arrest.  Mohan, the former zonal director of the Narcotics Control Bureau (NCB) in Chandigarh, was arrested in January for allegedly possessing 12kg of heroin.

Gupte said, “In the communication with the government, the ATS has not mentioned that the IPS officer was involved in the [drug peddling] case.” Additional public prosecutor Vijaylakshmi Nadar argued that the ATS had sought mandatory sanctions before the officer was arrested.

Gupte further argued that section 50 (conditions under which search of persons shall be conducted) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act was violated while the ATS officials arrested Mohan.

Mohan had filed a bail application after the chargesheet against him was filed on May 12. The prosecution, however, opposed his plea arguing that he may tamper with the evidence as he is an “influential person”.

Mohan and two others, Vicky Oberoi — a Mumbai-based businessman — and police constable Rajesh Kantharia, were arrested by the state ATS in the case and booked under the NDPS Act.

According to the ATS, Mohan, a 1995 batch officer from the Jammu and Kashmir cadre, had pilfered a part of a large heroin consignment seized by the Chandigarh NCB, and was supplying it in Mumbai through Oberoi.
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