With the ongoing 2002 hit and run case involving actor Salman Khan, the defence lawyer on Monday October 5, argued saying that the actor could not establish conclusively that he had tested positive for alcohol and the records in this regard were suspect.
According to the police records, during the night of the accident, Salman Khan was driving in a drunken condition, killing one person and injuring four. Salman Khan’s lawyer Amit Desai stated, “The seal and vials (of Salman’s blood samples) were not preserved and this creates a doubt whether the blood samples were that of Salman or someone else’s.”
The entire blunder was difficult to examine that whether the police constable in fact delivered the samples from JJ Hospital to Bandra police station and nor the prosecution examined the constable who brought the sample. Arguing the actor’s appeal before Justice A R Joshi, lawyer Amit Desai also argued saying, “All this puts a heavy burden on prosecution to prove that Salman had taken drinks.”
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He also argued saying that after the mishap the whole procedure for collecting the blood samples was not written under Salman Khan’s consent. Also the word ‘alcohol’ was included by drawing a mark but the register of the same copy shows word written at the bottom of the page. “This indicates that the word ‘alcohol’ had not been omitted inadvertently,” the lawyer submitted.
Raising the point on the same, Amit Desai said that the tested positive belonged to Salman Khan or no is the question. Also there was no proof that the hospital had handed over the sealed samples to police by taking a signature of the concerned person. He also said that Salman Khan had not had drinks at the Rain Bar where he and his friends had gone on the evening of September 28.
Salman Khan’s car had met with accident in suburban Bandra on September 28, 2002, killing one person and injuring four. 13 years after the trial began, Salman Khan’s 2002 hit and run case came to end on May 6 where session court found him guilty and sentenced him for five years jail, convicted under all charges. Two days later, sentence was suspended on May 8th and bail was granted in cash of Rs 30,000 in lieu of surety as a temporary measure.