The actor moved the court saying he was negotiating the purchase of one gram of cocaine from a drug peddler when the Narcotics Control Bureau arrested him in May 2001.

Fardeen's lawyer Aiyaz Khan pleaded that amending the chargesheet would help Khan's case because punishment varies according to the quantum of drug found on the accused. Possession of one gram of cocaine attracts a jail term of six months, while possession of two grams or more specifies 10 years of rigorous imprisonment under the Narcotics and Psychotrophic Substances (NDPS) Act.

Police claimed they arrested the actor while he was purchasing cocaine from a peddler, Nasir Abdul Karim Khan. A total of nine grams of the narcotic was seized from them, according to the chargesheet.