Rhea, through her lawyer Satish Maneshinde, has submitted to the court that there is no shred of evidence to charge her under the section, as no disclosure has been made regarding any connection between her and any drug peddler to prove the alleged “nexus”.
A special court on Friday rejected the bail application of actor Rhea Chakraborty and five others arrested in connection with a drugs case lodged following actor Sushant Singh Rajput’s death on June 14.
Special judge G B Gurao, designated under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, said that bail cannot be granted to the accused at this stage.
Along with Rhea (28), the court rejected the bail applications of her brother Showik, Sushant’s housekeeper Samuel Miranda, cook Dipesh Sawant and two others – Abdel Basit Parihar and Zaid Vilatra – who they are alleged to have bought drugs from.
The Narcotics Control Bureau (NCB) has made 10 arrests in the case so far with three accused currently out on bail.
It has told the court that the accused have been booked under Section 27A – a non-bailable section – of the NDPS Act and with the investigation progressing, they cannot be granted bail at this stage.
While applying Section 27 A in the case, which pertains to financing illicit traffic and provides for a minimum punishment of 10 years, the NCB has described Rhea allegedly procuring drugs for her boyfriend Sushant through Showik, Miranda and Sawant, as a “drug procurement nexus”.
Rhea, through her lawyer Satish Maneshinde, has submitted to the court that there is no shred of evidence to charge her under the section, as no disclosure has been made regarding any connection between her and any drug peddler to prove the alleged “nexus”.
“Once we get a copy of the court’s order, we will decide on the next course of action about approaching the Bombay High Court,” Maneshinde said. The detailed order in the case is likely to be made available next week.
The NCB on Friday also moved an application before the special court seeking cancellation of bail granted to one of the three accused in the case, Kaizan Ebrahim. He was granted bail on the same day of his arrest on September 5. The agency has said that since he was linked with the other accused, he should not have been granted bail.
The other accused, including Rhea, have submitted that since the co-accused – including those on whom cannabis was allegedly found – were granted bail, they should also be released on grounds of parity.
Rhea, currently lodged in Byculla women’s jail, has claimed in her bail plea that there was no charge of consumption, possession or seizure of drugs against her and Showik and that the NCB is “deliberately vague and silent” on the amount of financing, quantum of drugs and type of drugs she is alleged to have procured and financed.
She has also claimed that she has been subjected to investigation by three agencies, along with a “substantial media trail”, which has taken a severe toll on her mental health. The NCB case against Rhea has been filed based on alleged chats found on her phone by the Enforcement Directorate that is probing money laundering allegations made by Sushant’s family.