MUMBAI: In the detailed order granting bail to actor Rhea Charaborty's brother, Showik, last week the special NDPS court relied on the Bombay high court order giving Rhea bail on October 7.
In that order, on the point of applicability of Section 27A, the court had held that allegations against Rhea that she spent money in procuring drugs for Rajput did not mean she had financed illicit traffic. It further held that simply providing money for a particular transaction or other transactions would not be financing of that activity.
"Financing will have to be interpreted to mean to provide funds for either making that particular activity operational or for sustaining it. It is the financial support which directly or indirectly is the cause of existence of such illicit traffic. The word 'financing' would necessarily refer to some activities involving illegal trade or business," the high court said.
Showik was arrested by the NCB on September 4 in the drugs case that the Narcotics Control Bureau (NCB) is investigating in connection with actor Sushant Singh Rajput's death. He was accused of procuring ganja for Rajput, who was in a relationship with Rhea.
The special NDPS court said investigations had revealed Showik was not concerned with the seizure of "commercial quantity" of LSD from co-accused Anuj Keshwani. "The seizure of contraband from accused Anuj Keshwani is an independent recovery," the court said. It also pointed out that as stated by the prosecution, no drugs were recovered from Showik.
The court observed that Showik was arrested only on the basis of the statements of the co-accused and his own statement. While considering Showik's bail plea, the judge referred to the Supreme Court ruling of October 29 in which it had held that statements made to NCB officers cannot be used as a confessional statement in the trial of an offence or to convict an accused under the NDPS Act.
"The ratio laid down in the above ruling is squarely applicable to the case in hand because the applicant is arrested on the basis of confessional statement of co-accused and his statement. Further... the investigation in respect of the applicant is completed," the court said.
The court also considered Showik's age, the fact that he was a student and had no criminal antecedents. "The applicant is a permanent resident of the given address and he is ready to abide by the conditions, if any, imposed by the court. Further, his co-accused have been released on bail. Hence, in view of the facts and circumstance of the case, I find that applicant is entitled for bail," the judge said.
On September 11, the court had rejected his first bail plea. Almost a month later, the high court, too, rejected his plea. In November, he again sought bail from the NDPS court. During the arguments, his lawyers, Ayaz Khan and Abad Ponda, cited the recent Supreme Court ruling.