Rhea Chakraborty’s brother Showik Chakraborty has sought bail from the NDPS Court and the hearing is likely to take place next week. Showik has been lodged in jail for two months now, for procuring drugs and has been accused of being part of a drug syndicate, which has been refuted by his lawyer Satish Maneshinde.
In his bail application that is with Filmibeat, Showik has stated that allegations against him of purchasing small quantities of drugs, is a bailable offence. The application also states that there is no evidence that shows Showik financing any illicit traffic or harbouring any offenders, and hence, the parts of Section 27A of the NDPS Act, 1985 are not made out in the present facts and circumstances.
It further says that according to “Section 20(b)(ii)(A) squarely cover the alleged purchase of drugs without any requirement of such drugs being purchased only for self consumption” and the case of the prosecution is that Showik allegedly procured drugs for his sister Rhea’s boyfriend, the late Sushant Singh Rajput. He claims that these allegations fall squarely within the ambit of the aforesaid section and the resultant offence, if any, would be bailable in nature.
The application also cites a Kerala High Court case which states that there is a clear distinction between the sale/ purchase of narcotic drugs and financing illicit traffic.
The Court specifically observed that financing is not related to the payment of drugs and involves an activity other than the sale or purchase of drugs, in which a person invests or provides funds or resources for facilitating the activities outlined in the necessary section. Maneshinde further claimed that in the present case, the NCB has not made a single allegation that Showik invested or provided any funds/resources for facilitating illicit traffic, and instead allegations were of sale and purchase of drugs and that too in small quantity. “Hence, the provisions of Section 27A of the NDPS Act, 1985, are not attracted in the facts and circumstances of the present case,” stated the application.
Showik insists that it was the late Sushant Singh Rajput who was the only consumer of the drugs allegedly procured by him and saying that Sushant used Showik and his sister Rhea, Maneshinde claimed, “It is apparent that the late actor utilized the Applicant, his sister and members of his household staff to facilitate his drug habit while ensuring that he did not leave a paper trail of his own in the form of any electronic evidence whatsoever. Apart from allegedly procuring the drugs for the late actor, there are no allegations against the Applicant of being involved in any other form of illicit traffic or even of purchasing drugs for any other person. Hence, terming the Applicant as being part of a “drug syndicate” or having financed the “illicit traffic” of drugs is wholly farfetched and without application of mind.”
It further stated that there is electronic evidence to show that Showik’s sister Rhea was in fact trying her level best to rid the late actor of his drug habit, by consistently restricting the quantity of drugs he had access to. Rhea also discussed her concerns regarding the late actor combining his drug habit with prescribed medication by his doctor namely Kersi Chavda. “However, the late actor being an adult and having his own mind was the ultimate decision maker. It is unfortunate that the late Sushant Singh Rajput took advantage of those closest to him to sustain his drug habit and sought fit to expose them to the perils that would entail,” said the application.
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Original Source – www.filmibeat.com