Actor Sushant Singh Rajput’s cook Dipesh Sawant has filed a writ petition in the Bombay High Court, challenging his arrest by the Narcotics Control Bureau (NCB) in an alleged drugs case as illegal. He has also sought Rs 10 lakh in compensation from the central government.
Sawant was granted bail by the Bombay High Court on October 7 after he was arrested by the Narcotics Control Bureau (NCB) on September 5 for his alleged role in the procurement of drugs in connection with the actor’s death case.
Rajput was found dead in his Bandra house on June 14.
In his petition, filed on September 25, Sawant claimed the detention by the NCB was illegal and in gross violation of his fundamental rights, including those under Articles 21 (Right to life with dignity) and 22 (Right of arrested or detained individual) under the Constitution of India.
Sawant has claimed, in his petition, he was “taken into custody at 10 pm on September 4”.
Advocates Rajendra Rathod and Aamir Koradia, appearing for the petitioner, said Sawant was produced for remand before a holiday remand court at 1.30 pm on September 6, after more than 36 hours of his arrest.
The plea said the NCB had violated the guidelines of the Supreme Court by not producing Sawant before the court within 24 hours of his arrest.
Sawant, in his petition, has sought that the illegal detention and remand orders against him be set aside and quashed. He has also sought disciplinary action against the erring officers.
On Monday, a division bench of Justices S S Shinde and M S Karnik adjourned further hearing in the case by two weeks to allow Additional Solicitor General Anil Singh, representing the NCB, to appear and respond to the plea.
While granting bail to Sawant on October 7, another high court bench of Justice Sarang V Kotwal had observed that there was no sufficient material to show that he was a part of any chain as he had not sold drugs to earn a profit.
The court had further said Sawant was acting only at the behest of his “employer” (Sushant) and therefore, he is not likely to commit any such offence while on bail with stringent conditions imposed.
The high court will hear Sawant’s plea against alleged illegal detention on November 6.
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