With Delhi police registering a case under the Narcotics Act against unknown persons, Rahul Mahajan, who has been hospitalised for suspected drug overdose, cannot escape from the law for the offence of consuming the contraband, say experts.
"A case against Rahul can be registered for the offence of personal consumption of drugs under the Narcotics Drugs and Psychotropic Substances Act, which is a bailable offence with a punishment of six months," they said.
However, they contended that a case of murder and attempt to murder will possibly be registered under the Indian Penal Code if a probe established that death of Vivek Moitra, who was with Rahul on Thursday night, was not due to drug consumption or that the white powder found from Mahajan's residence was not a contraband.
"If the investigation ultimately states that the death was due to poisoning, then NDPS Act will not be applicable," senior advocate S S Gandhi said.
Noted criminal lawyer K T S Tulsi said if ultimately it was found the poison was administered with the drug then the case will become complicated. Advocate Ashok Arora said that at the moment it did not seem that the case will attract the provision of trafficking.
