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Saturday, September 26, 2020

Rhea bail plea: No particular quantity of drug required to prove offence under NDPS Act’s Section 27A, says court

The special court on Friday rejected the bail plea of Rhea, her brother Showik, Sushant's house staff Samuel Miranda and cook Dipesh Sawant.

By: Express News Service | Mumbai | Updated: September 15, 2020 11:17:36 am
Drug case, NCB probe, Sushant Singh Rajput death probe, Rhea Chakraborty, Mumbai news, Indian express newsActor Rhea Chakraborty has been arrested on charges of procuring drugs along with Sushant Singh Rajput and paying for the same.

A special court, while rejecting bail to six accused, including actor Rhea Chakraborty – arrested in a drugs case linked to actor Sushant Singh Rajput death probe – had shot down their contention that bail should be granted to them as the Narcotics Control Bureau (NCB) had not mentioned the quantity of drugs seized from them. The court, while declining bail, had said that under the sections in which they were booked, no particular quantity of drug is required to prove offence.

The special court on Friday rejected the bail plea of Rhea, her brother Showik, Sushant’s house staff Samuel Miranda and cook Dipesh Sawant. Two others whose bail pleas were rejected were Zaid Vilatra and Abdel Basit Parihar, from whom the other accused allegedly brought drugs.

In their bail plea, Rhea and Showik, who were arrested last week, have said that NCB has not seized any drugs from them or mentioned the type or quantity. Rhea also submitted that according to prima facie allegations, she had bought drugs for her boyfriend, which did not amount to being part of a nexus. She further said that according to the NCB, transactions worth only Rs 12,000 were alleged to be made by her, which does not amount to illicit traffic. The detailed order given by special Judge GB Gurao has taken into account that the six accused have been booked under sections, including 27A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, pertaining to financing illicit traffic.

Special Public Prosecutor Atul Sarpade has submitted that under NDPS Act, that there is a limitation on grant of bail if booked under Section 27A. The NCB has claimed that Rhea was part of a “drug procurement nexus” and was procuring drugs for her boyfriend Sushant through his house staff and Showik. She had also claimed that the NCB was “deliberately vague and silent” on quantity of drugs alleged to be procured by her. “It is pertinent to note that under section 27A of the NDPS Act, no particular quantity of the drug is required to prove the offence,” the court said.

Lawyer Satish Maneshinde, appearing for Showik and Rhea, submitted that they had retracted the statements, and they were thus inadmissible as evidence. The court said regarding admissibility of statements, since it is hearing a bail plea and not conducting a trial, the issue is not to be considered at this stage.

The court further said, “The investigation in respect of those persons (named by Showik) is in process. If accused is released on bail, he will alert those and they will destroy evidence…”

NCB detains one for questioning

Mumbai: The Narcotics Control Bureau (NCB) on Monday detained one person for questioning in connection with the drugs case in which actor Rhea Chakraborty and 16 others have been arrested.

The NCB said the person, Suryadeep Malhotra, was linked to the arrested accused.

“He had been detained for questioning,” said NCB Deputy Director K P S Malhotra.

Meanwhile, of the six accused arrested by the NCB on Sunday, while three have been sent to judicial custody, the remaining have been remanded to its custody till September 16.

Those sent to NCB custody were Karamjeet Singh, Dwayne Fernandes and Ankush Anreja. Singh is alleged to be a drug supplier having “local distribution channel of drugs in cine world”, said an officer. ENS

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