No "reasonable grounds" to not link Rhea to drug case Court

    Mumbai, Sep 14 (PTI) A special court here, in its
order on bail plea of actress Rhea Chakraborty, has said at
present stage there are no "reasonable grounds" for not
connecting her to the case that relates to drug angle in death
of actor Sushant Singh Rajput three months ago.
    Rhea (28), her brother Showik and several other
persons have been arrested by the NCB in probe related to drug
angle in the Sushant death case.
    Special Judge G B Gurao had on Friday rejected the
bail pleas of Showik, Rhea Chakraborty and four other accused.
    The detailed court order was made available on Monday.
    The court stated while deciding a bail plea, it has to
record finding that there are reasonable grounds to believe
that an accused is not guilty of the offence.
    "But it is also to be kept in mind that court does not
(have) to consider the material as if it is pronouncingthe
judgment of acquittal or recording finding of not guilty," the
order said.
    It is alleged (by NCB) that the accused (Rhea) use to
procure drug for Rajput. The accused had asked her brother
Showik to arrange for drug from two other accused,Zaid
Vilatra and Abdel Basit, the agency had claimed.
    Based on material on record, the NCB had recovered
WhatsApp chats and other electronic evidence. Some amount was
also transferred via credit card of the accused (Rhea), the
central agency had said.
    Further, in the present case, commercial quantity
contraband (LSD) has been recovered from one of the prime
accused, Anuj Keshwani, the NCB had said.
    "The investigation is at preliminary stage, therefore,
from the available record, it can not be said that there are
no reasonable grounds to connect the accused (Rhea) (to the
case)," the court observed.
    The court also said there is possibility of the
accused tampering with evidence if released on bail.
    Among other grounds, Rhea's lawyer Satish Maneshinde
had submitted that no contraband has been seized from the
accused and rejected allegations she procured drug for Rajput.
    Allegations, if any, would pertain strictly to small
quantities of drug, Maneshinde had said.
    The quantity of the said drug (ganja) was small and at
the most, the accused can be convicted for one year and thus,
the offence is bailable, he had added.
    However, according to the prosecution, the accused was
involved in illicit trafficking of drug.
    She financed drug for Rajput, her boyfriend, and
therefore, committed an offence punishable under section 27-A
of the Narcotic Drugs and Psychotropic Substances Act (NDPS
Act), the prosecution had told the court.
    The judge observed that there are specific allegations
that she was involved in crime punishable under section 27(A)
of the NDPS Act and therefore, the offence is non-bailable.
    "It is pertinent to note that in section 27(A) of the
NDPS Act, no particular quantity of the drug is required to
prove the offence," the judge added.
    The court made almost similar observations while
rejecting the bail plea of Showik.
    The court also refused to consider Rhea lawyer's
argument that her statement was recorded forcibly and no lady
officer was present when she was being interrogated.
    "At this stage, when the investigation is at
preliminary stage, it can not be said that the said statement
of the accused was forcefully recorded and (was thus)
inadmissible as evidence," the court added.
    Meanwhile, Maneshinde said he would study the order
before deciding on moving the Bombay High Court for bail.
    "We will study the order, its implications and
developments in the case at the NCB-level and then decide (on
moving the HC)," the lawyer added.
    Earlier, the NCB had said although the quantity of
banned drugs seized in the case was small, it was still of
commercial quantity and worth Rs 1,85,200.
    "Rhea Chakraborty and Showik Chakraborty financed and
arranged drugs for Sushant Singh Rajput and at his
instructions," the NCB had said in its affidavit filed in the
court in response to their bail pleas.
    The central agency had said as per a statement given
by co-accused and Rajput's domestic help Dipesh Sawant, he
used to procure drugs from other accused in the case on
instructions of the late actor and Rhea.
    "Financial transactions were handled by Rhea and
sometimes Rajput. Dipesh Sawant used to procure drugs along
with co-accused Samuel Miranda (former house manager of
Rajput) for Sushant Singh Rajput's consumption," it had said.
    The NCB had further said if the accused are released
on bail, they may tamper with evidence and try to intimidate
key witnesses in the case.
    The NCB began its investigation after the Enforcement
Directorate (ED), which was probing money laundering charges
linked to the case, shared social media chats retrieved from
Rhea's mobile phone, hinting at use of banned drugs.
    Rajput was found hanging in his flat in suburban
Bandra on June 14. The Central Bureau of Investigation (CBI)
is separately probing a case against Rhea and others for
allegedly abetting the 34-year-old actor's suicide. PTI AVI
RSY RSY

(This story has not been edited by THE WEEK and is auto-generated from PTI)