Sandeep Shinde, the government pleader and prosecutor in Bombay high court, contended on Tuesday that the “evidence when considered in totality’’ points to Salman Khan being drunk when he slammed his vehicle into a Bandra bakery and laundry killing one person and injuring four others that fateful night in September 2002.READ: Hit-and-Run: Two witnesses saw Salman in driver's seat, says Prosecution Shinde who along with advocate Purnima Kantharia is, for the state, opposing the actor’s appeal against his conviction for culpable homicide not amounting to murder, said that even if the forensic lab’s report on his high blood alcohol content is kept aside, there was enough evidence to draw an inference about his drunkenness.
Senior counsel Amit Desai who appears for Khan had questioned the validity of the blood samples drawn the day following the mishap at state-run JJ hospital at Byculla, despite him being taken to the nearby municipal Bhabha hospital, and pointed to procedural violations in the blood testing and report from the forensic laboratory. The report had said the actor’s BAC was twice the normal levels. Shinde admitted that there “may have been some anomalies", but he said that it would “not affect in any way the end result.” Desai said, "The entire chain of custody, of the blood samples, is a matter of serious debate."
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TOIEntertain Shinde, however, added, "As an officer of the court, I am admitting that some anomalies could have occurred, but that would not effect...I would satisfy the court on this...as far as the testing of blood samples was concerned, the procedure was followed."
"There is evidence of Salman Khan going into the bar, where he was served liquor. Besides, an independent witness has smelled his breath and then we have the chemical analyser's report," Shinde told Justice A R Joshi, who is hearing the appeal of the 49-year-old actor. Salman who is currently hosting the ninth season of a reality TV show is out on bail. He was on bail during the trial and after his guilty verdict in May was granted bail by the HC which expedited his appeal.
Shinde also said that there was evidence on record which shows that from his Galaxy Apartments residence at Bandra, he has gone to the Rain Bar & Restaurant at Vile Parle. He also referred to the testimony of Rizwan Ali, the manager of the Rain Bar, who assigned a waiter to Salman’s table, who served him a "white-coloured drink".
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