The Bombay High Court has refused bail to Showik Chakraborty, brother of film actor Rhea Chakraborty, in the case registered by the Narcotics Control Bureau (NCB) for allegedly procuring drugs for the late actor Sushant Singh Rajput.
"The material gathered so far shows that the Applicant(Showik) was not only knowing many drug dealers, but, he was in touch with them and was actually transacting with them. Thus, he is part of chain of drug dealers. At this stage, the investigating agency has sufficient material to show that he is a part of a chain of drug dealers engaged in illicit traffic of drug", the Court observed in the bail order.
The bench of Justice Sarang V Kotwal observed that the evidence collected by the NCB so far showed that he was part of a chain of drug dealers. The Court said that there were allegations that he was in direct contact with drug dealers Abdel Basit Parihar, Dwyane, Kaizan, Karamjeet and Suryadeep.
"Monetary transactions are reflected in his account. The Applicant was facilitating procurement of drugs from one party for supplying them to Sushant Singh Rajput. He was clearly involved in illicit trafficking or illegal trade of drug", the Court observed.
The Court said that his case has to be distinguished from the case of a consumer or and end purchaser.
"The investigation is at a preliminary stage. The Applicant appears to be an important link in the chain of drug dealers. He was in touch with different dealers. He had monetary transactions with them. Disclosure by each of them has led to discovery of involvement of others. Hence it is not desirable to release the Applicant on bail at this stage", Justice Kotwal observed.
The Court said that he was connected with Anuj Keshwani through Abdel and Kaizan as previous links. Commercial quantity of contraband is recovered from Anuj. Therefore, the rigour of Section 37 with respect to the grant of bail was applicable. The Court noted that the allegation was that he had conspired with and abetted others in committing drug offences so as to attract Section 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
"It is not possible to record a satisfaction at this stage that, the Applicant has not committed any offence under NDPS Act involving commercial quantity. Considering the fact that he is part of a large network, it is not possible to observe that he is not likely to commit such offences in future", the Court said to dismiss his bail application.
Showik, a 24-year old student, was arrested on September 5 and has been lodged at Taloja jail since then.
In a separate order, the Court allowed the bail application of his sister Rhea Chakraborty, observing that she was not a part of drug dealers. The Court observed that the mere fact that she paid money to procure drugs for Sushant will not attract Section 27A of the NDPS Act, which relates to the offence of 'financing illicit trade' and 'harbouring' persons invovled in such trade.
The Court also granted bail to Sushant's domestic aides Samuel Miranda and Dipesh Sawant.
Click here to download the order