On 10 September 2020, bail applications filed on behalf of actor Rhea Chakraborty and her brother Showik in NDPS Cases registered by Narcotics Control Bureau were rejected by Mumbai’s Special Court.
Following the rejection of the bail plea, Advocate Satish Maneshinde, who represents Rhea Chakraborty, commented,
“Once we get a copy of the order, we will decide next week on the course of action, about approaching the Bombay High Court.
Arguments made by Rhea Chakraborty’s lawyer Satish Maneshinde and Special Public Prosecutor Atul Sarpande were heard by Special judge G B Gurao.
Pleadings before the Sessions Court in Mumbai have been made by Rhea Chakraborty alleging that serious allegations were levelled against her with the intention of wrongfully framing here and that she was coerced by the Narcotics Control Bureau to make self-incriminatory statements
The NCB arrested the 28-year-old actor on 9th September, 2020 for allegedly procuring drugs for her boyfriend late actor Sushant Singh Rajput and she was granted judicial custody till September 22, 2020.
Rhea’s application also expresses that during her questioning which ran into more than 8 hours at a stretch on September 6,7 and 8 by the NCB, she was coerced into making self-incriminatory confessions.
The application contends that multiple male officers of the NCB interrogated her and there was not a single lady officer who interrogated her.
Sheela Barse Vs State of Maharashtra Case was cited wherein it was held that interrogation of females is to be carried out only in the presence of female officers/constables.
The application:
“The applicant is innocent and has not committed any crime whatsoever. The applicant has been falsely implicated in this case.
That the Applicant has been arraigned for an offence punishable under Sections 8(c) read with 20(b)(ii),22,27A,28,29 and 30 of the NDPS Act, 1985. Given that no drugs or psychotropic substances have been seized from the present applicant and the allegations, if any, would pertain strictly to small quantities and given that though Section 27A has been applied, the ingredients thereof have not been made out, the bar under Section 37(1) of the NDPS Act would not apply under the present circumstances. Thus, the offence, if any, is bailable in nature and the applicant ought to be enlarged on bail forthwith.”
Referring to the NCB’s remand copy, wherein it is alleged that Rhea Chakraborty ‘procured drugs for her boyfriend Sushant Singh Rajput for consumption purpose’ and ‘managed finances for procurement of drugs for Sushant Singh Rajput’, the applicant contended-
“On the basis of these two allegations, the respondents have alleged that the applicant is an active member of a drug syndicate connected with drug supplies.
The Respondent’s case is silent as to the amount of financing, quantum of drugs and type of drugs allegedly procured and financed by the present applicant. The case of the Respondents in layman terms is that the applicant would co-ordinate the delivery of drugs for her then boyfriend and occasionally pays for them herself. In essence, her alleged role, if any, is the purchase of a small quantity of drugs for her then boyfriend which would squarely fall within the ambit of Section 20(b)(ii)(A) which is punishable with maximum punishment upto one year or fine or both.”
The applicant has alleged that a false narrative by spinning the basic facts have been done by the respondents portraying the applicant as being someone who finances the illicit traffic and harbouring of individuals under Section 27A of the NDPS Act.
A serious threat to Rhea Chakraborty’s life has also been showcased in the application if she were to be unduly detained in judicial custody as she has been at the receiving end of hundreds of death and rape threats.
