CBI Opposes Sameer Wankhede's Quashing Plea In Extortion Case, Seeks Recall Of Interim Protection From Arrest

The Central Bureau of Investigation has sought dismissal of the quashing petition filed by former NCB Officer Sameer Wankhede in the Rs. 25 core extortion case regarding the arrest of Aryan Khan in 2021.

In an affidavit before the Bombay High Court, the CBI further sought to vacate the order passed by the vacation bench protecting him from arrest. The matter will now come up for hearing tomorrow.

It adds that the CBI’s FIR is based on the report of Superintendent, Vigilance, Narcotics Control Bureau after the agency forwarded a written complaint dated May 11, 2023 along with a sanction to prosecute Wankhede u/s 17A of Prevention of Corruption Act, 1988.

“The allegations mentioned in the FIR are very serious & sensitive in nature pertaining to the acts of corruption, criminal conspiracy and extortion by threat by the FIR named, the then public servants of NCB and private persons,” the affidavit states.

Wankhede, currently an IRS Officer, has approached the High Court challenging the FIR registered against him and five others by the CBI. The agency has accused them of demanding a bribe of Rs 25 crore from family members of those arrested in the 2021 Cordelia Cruise Ship Case, including actor Shah Rukh Khan’s son Aryan Khan.

Last month the vacation bench of Justice Abhay Ahuja and Justice MM Sathaye asked the CBI not to take any coercive steps against Wankhede, subject to his not publishing any material by way of WhatsApp chats or giving any press statement on the subject matter of petition or investigation.

The direction was made after Wankhede cited his alleged chats with actor Shah Rukh Khan, Aryan Khan’s father, to counter the allegation of extortion against him in CBI's FIR. He contended that Khan praised his integrity which would not have been the case had he actually made monetary demands to release Aryan Khan.

Regarding Wankhede’s allegations of malice, the CBI cites the Supreme Court judgement in the case of ‘Lalita Kumari vs Government of Uttar Pradesh’ which states that disclosure of a cognizable offence was enough to register an FIR and other considerations were not relevant at the stage of registration of FIR.

“The written complaint received from NCB discloses the commission of cognizable offences hence the instant case has been registered and taken up for investigation by CBI. The investigation in this case is at initial stages and same is being conducted in unbiased and professional manner,” the affidavit states.

The affidavit adds, “It is respectfully prayed that the ad interim relief granted to the petitioner from arrest may please be recalled.”

Background

Wankhede is a 2008-batch IRS officer from the reserved category. As former head of the NCB Zonal Unit, Wankhede had led raids where the Cordelia Cruise Ship was docked on October 2, 2021.

In the raid, the NCB claimed to have seized 13 gm of cocaine, 5 gm of mephedrone, 21 gm of marijuana, 22 pills of MDMA and Rs 1.33 lakh cash in the raid, and arrested 17 people, including Aryan Khan. However, following allegations of bribery and extortion, the case was transferred to a Special Investigations Team of the NCB.

The SIT gave a clean chit to Khan and five others last year. Panch witness Prakhakar Sail who detailed the alleged extortion in an affidavit died of a cardiac arrest in April last year.

The Bombay High Court said in its order granting bail to Khan and the other two on October 28, 2021, that prima facie there was no evidence on record to infer that Aryan Khan and his friend Arbaaz Merchant conspired to commit offences under the NDPS Act.

Case no. – Writ Petition (ST) No. 9645 of 2023

Case Title – Sameer Dyandev Wankhede v. Union of India