"Accused Has Taken Names, If Released On Bail Evidence Will Be Destroyed"; Why Sessions Court Rejected Rhea And Showik's Bail [Read Order]

While rejecting bail to both Rhea Chakraborty and Showik Chakraborty, the Sessions Court last Friday observed that both the accused have named certain persons and investigation in respect of these persons is underway. So if they (Chakraborty's) are released on bail, they will alert these persons and evidence will be destroyed, Court reasoned.Judge GB Gurao was hearing the bail applications filed on behalf of both Showik and Rhea by their Advocate Satish Maneshinde. Both siblings are accused of procuring drugs for actor Sushant Singh Rajput who was found dead in his apartment on July 14.According to the Narcotics Control Bureau, one Abbas Ramzan Ali Lakhani was apprehended alongwith 46 gms of Marijuana/Ganja on August 28. Abbas told them that he purchased the drug from Karn Arora. Accordingly, NCB team apprehended Karn Arora and seized 13 gms of Ganja from him. Thus, a total of 59 grams of Ganja was recovered and both the accused were arrested.Based on disclosure by accused Abbas and Karn, NCB team searched the premises of accused Zaid Vilatra and seized Rs.9,55,750 and foreign currency 2081 US Dollars, 180 UK Pounds and UAE 15 Dirhams under panchanama. His statement was recorded and he stated that the seized amount is the sale proceeds of contraband. Accused Zaid Vilatra disclosed the name of accused Abdel Basit Parihar, receiver of Ganja/Marijuana. During the statement Abdel Basit Parihar revealed that he purchases and sales of Marijuana/Ganja through accused Zaid and Kaizan Ebrahim. He obtained drugs from accused Zaid and accused Kaizan as per instructions of accused Showik Chakraborty. Abdel Basit Parihar has also disclosed that he facilitated the drugs and he was in contact with accused Samuel Miranda (house manager of Sushant) and accused Showik Chakraborty. He used to pay and receive money for contraband via Credit cards/Cash and payment gateways.When accused Kaizan Ebrahim was interrogated by NCB team and he disclosed the name of accused Anuj Keshwani as supplier of Ganja/Marijuana. Accused Keshwani was dealing in the purchase and sale of Ganja, Charas and LSD. He used to procure drugs from Rigel Mahakala with intent to sell to accused Kaizan Ebrahim. Accused Anuj Keshwani was in contact with accused Kaizan Ebrahim. On the basis of statement of accused Keshwani, NCB team seized Charas, Ganja, THC and LSD along with some cash from his house.Furthermore, during his statement, accused Showik Chakraborty revealed that he used to facilitate the delivery to arrange drugs through accused Abdel Parihar by accused Kaizan Ebrahim and accused Zaid. These deliveries used to be received by aides of Late Sushant Singh Rajput and every delivery and payment was in knowledge of accused Rhea Chakraborty and even sometimes payments and choice of drug was confirmed from accused Rhea Chakraborty. During the statement, accused Samuel Miranda disclosed that he used to procure drugs on the direction of Sushant Singh Rajput and accused Rhea Chakraborty and disclosed that financial matter in this regard were being dealt by accused Rhea Chakraborty and Late Sushant Singh Rajput. Moreover, accused Dipesh Sawant (Sushant's house help) disclosed that he used to receive drugs for Sushant Singh Rajput on his directions and on several occasions accused Rhea Chakraborty also instructed him. Further story of the prosecution is that, based upon disclosure of Showik Chakraborty, Samuel Miranda and Dipesh Sawant, Rhea Chakraborty was summoned and her statement was recorded on September 6, 7 and 8. During her statement on all three days she was confronted to all accused persons and the facts in their statements were verified. Accused Rhea Chakraborty acknowledged their statements and her role was explained. During the statement accused Rhea Chakraborty revealed about her involvement in procuring of drug and financial transaction and also her instructions to accused Samuel Miranda, accused Dipesh Sawant and accused Showik Chakraborty in this regard. Thus, all accused were active in drug syndicate connected with drug supplies. Accused used to procure drugs for Sushant Singh Rajput for consumption purpose. Accordingly, the crime u/sec.8(c) r/w 20(b)(ii)(A), 22, 27(A), 28, 29 and 30 of the NDPS Act is registered and now the crime is under investigation, the prosecution contended.Advocate Maneshinde argued that other co-accused Abbas Lakhani, Kaizen Ebrahim and Karan Arora were released on bail. However, prosecution has applied Section 27A only in the aspect of Showik so that he does not get bail. He was coerced into making self incriminatory confessions which were subsequently retracted by him, the first opportunity he got before the Magistrate, Maneshinde argued. On behalf of Rhea, Adv Maneshinde submitted that she is being falsely implicated in the case. No narcotic or psychotropic substances have been seized from her possession. The prosecution agency has incorrectly applied section 27-A of the NDPS Act, in view of the bar, accused to...

"Accused Has Taken Names, If Released On Bail Evidence Will Be Destroyed"; Why Sessions Court Rejected Rhea And Showik's Bail [Read Order]

Nitish Kashyap

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