It became clear on Friday, after a special Narcotic Drugs and Psychotropic Substances (NDPS) Act court rejected his plea, saying he was a narcotics user and not a trader.

Provisions under the NDPS Act give a one-time reprieve to users so that rather than face trial, they can undergo detoxification.

In May 2001, the Narcotics Control Bureau (NCB) arrested Fardeen when he allegedly went to buy cocaine from a drug supplier in Juhu. It was argued by Public prosecutor Jitendra Solanki that the court had already rejected Fardeen's plea for amendment of charges against him to show he was in possession of one gram of cocaine and not nine grams. Under NDPS Act, one gram would have constituted a user's quantity and not a commercial quantity meant for trade as nine grams is.

Solanki also argued that several pending cases would also be affected by any leniency granted for Fardeen, where the accused could argue that he was carrying a small quantity of the drug.

He also said it was a matter for NCB to decide whether Fardeen was immune from prosecution or not. A chargesheet has already been filed by NCB in the case and once the court frames charges, it would clear the deck for the trial.