An alleged drug peddler and co-accused along with actor Rhea Chakraborty, Zaid Vilatra, arrested by the Narcotics Control Bureau (NCB), filed for bail before the Bombay High Court on Saturday
A resident of Bandra, Mr. Vilantra, 20, moved the High Court after the special Narcotics Drug Psychotropic Substances (NDPS) Act court rejected his bail on September 11. He has challenged the lower court order, seeks to quash it, and urges to be released on bail. On September 9, he was sent to judicial custody by the magistrate court along with Ms. Chakraborty and her brother Showik.
On September 1, the NCB searched Mr. Vilantra’s premises and ₹9,55,750; $2,081; 180 U.K. pounds; and 15 UAE dirhams were recovered. His statement was recorded by the agency, where he said that the seized amount was sales proceeds from contraband and that he had supplied marijuana to many persons. He also disclosed a few names with details, and gave the name of one Abel Parihar as one of the receivers of marijuana.
The petition states that he retracted the alleged confession before a magistrate the next day and that “there was absolutely no recovery of any contraband at his instance”, and there was “absolutely no nexus between him and any contraband of commercial quantity”. The plea questions the applicability of Section 27A (consumption of narcotic drug or psychotropic substance) of the NDPS Act.
He was arrested on September 2 and has been charged under Section 8(c) (prohibition to produce, manufacture, possess, sell, purchase, transport); 20(b) (ii) (A) (whoever produces, possesses, sells, transports or uses cannabis); 23 (punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances); 27-A (financing illicit traffic and harbouring offenders); 29 (punishment for abetment and criminal conspiracy); and 30, of the NDPS.
The plea reads: “There is absolutely no nexus between the applicant [Vilatra] and any contraband of commercial quantity. Under no circumstance can section 27A which stipulates a strict 10 -20 year sentence and fine of ₹1 lakh to ₹2 lakh, be attracted. Thus the section cannot not be applicable to offences involving small quantity or non-commercial quantity.”