Mumbai: The Narcotics Control Bureau (NCB) has alleged that Rhea Chakraborty is a member of a “drug syndicate for allegedly being involved in procuring small quantities for actor Sushant Singh Rajput’s consumption.’’ The case clearly shows that only Rajput was the consumer, says her bail petition.

Rhea was arrested on September 8 and is at present in the Byculla Women’s jail. Her lawyer Satish Maneshinde’s contention that it was an “illegal probe” by the NCB piqued the court’s interest on Thursday. Justice Sarang Kotwal asked, “why?’’. Maneshinde replied that the NCB had told the trial court that it was investigating the drug angle in actor Sushant’s death. He said if the case in which they are arrested is in relation to his death, then based on the Supreme Court judgement transferring the case to the CBI, all future cases should also go to the CBI.

He said under a 1988 gazette, CBI is empowered to probe cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. “Thus the investigation carried out till now is illegal,’’ he said The drug law was amended in 1989 to bring in section 27A which attracts severe punishment of 10-20 years imprisonment. Maneshinde said the amendment to bring in stricter provisions was made as India was a signatory to the UN convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.

Parliament amended various sections under NDPS act to make it tougher and in 2001 rationalised punishment by linking it to the quantity of the drugs seized. Such a stringent section as 27A could never apply to the facts of the case against the siblings, he said.

He cited a Bombay HC judgment which said a case of a small quantity would attract a year’s sentence and is bailable. He cited another judgment, by a division bench, which said the bar on bail under the Act applied to a commercial quantity. The court said three other bail pleas were pending and clubbed all five for a hearing on September 29.

Meanwhile, the NDPS court has allowed NCB to visit Taloja jail and record statements of Rhea’s brother Showik and Sushant ’s cook Dipesh Sawant. In a plea seeking permission to question Showik, NCB said he had disclosed names of “high-profile personalities” linked to drug trafficking. NCB claimed Showik’s mobile data showed “deep involvement” in drug dealing and “long chats” with high-profile figures. NCB said that needed to be probed. (Inputs from Rebecca Samervel)

Barring serious crimes, or where there’s a possibility of the accused tampering with evidence or intimidating witnesses, bail should be granted sooner rather than later. No drugs were found in Rhea Chakraborty’s possession nor is she is accused of consumption. WhatsApp chats and self-incriminating statements (which have subsequently been retracted) are being used to present her as a member of a “drug syndicate” that arranged supplies for her boyfriend. The NCB’s premise that the “drug citadel” in Bollywood needs to be probed cannot be the basis for Rhea to be kept indefinitely in custody. 

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