Showing posts with label Atul Sarpande. Show all posts
Showing posts with label Atul Sarpande. Show all posts
Bharti Singh-Haarsh Limbachiyaa case: No NCB custody as it's just a case of consumption, says court
8:06 AM
Mateen Hafeez & Swati Deshpande | TNN (THE TIMES OF INDIA; November 23, 2020)
Mumbai: A magistrate’s court on Sunday sent television comedian Bharti Singh and her scriptwriter-actor husband, Haarsh Limbachiyaa, to judicial custody till December 14.
The Narcotics Control Bureau (NCB) had arrested Singh and Limbachiyaa on Saturday after raiding their production office and residence, where they said they found 86.5 grams of ganja.
The hearing on the two’s bail applications will take place on Monday.
The couple, arrested under the provisions of the NDPS Act in a case of alleged possession and consumption of ganja, were produced before a holiday court on Sunday. In a press release issued on Saturday, the NCB had said Singh and Limbachiyaa had accepted the consumption of ganja.
Special public prosecutor Atul Sarpande sought NCB custody since he said Limbachiyaa was found in possession of 86.5 grams of ganja, a prohibited substance under the Narcotic Drugs and Psychotropic Substances Act (NDPS). The amount was recovered from searches in their residential and office premises.
Limbachiyaa’s lawyer Ayaz Khan argued that no NCB custody was required as it was at best a case of alleged personal consumption. The magistrate did not grant police custody. Their bail plea was filed and will be heard on Monday.
Advocate Khan said bail ought to be given in the case. He argued that it was not even the case of the prosecution that they were peddling drugs. The court sent the husband and wife to judicial custody till December 14. The seized quantity was small and punishment was up to a year.
The law defines up to 1 kg of ganja as small quantity, and 20 kg and above as commercial quantity. For small quantities, the punishment could be up to a year or fine of Rs 10,000, or both. If a person is found with commercial quantities, he can be jailed for 20 years if convicted.
The central agency NCB has been arresting drug consumers and peddlers for the past two months. It has registered drug cases after the death of film actor Sushant Singh Rajput in June.
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Comedian and her screen writer husband remanded to judicial custody till Dec 4
Somendranath Sharma (MUMBAI MIRROR; November 23, 2020)
Comedian Bharti Singh has voluntarily disclosed that she used to smoke weed joints/ganja purchased by her husband, according to Narcotics Control Bureau (NCB) officials.
Bharti and her husband Haarsh Limbachiyaa, a screen writer, who were arrested on Saturday by the Narcotics Control Bureau (NCB) officials on charges of alleged consumption of drugs were produced before a court in the city on Sunday which remanded them to judicial custody till December 4.
The agency had raided their residence and office and seized 86.5 grams of ganja. During questioning, Limbachiyaa has admitted to having procured and consumed ganja and was in touch with a peddler to procure contraband, NCB officials said.
Arguing for judicial custody of the couple before the court, their advocate Ayaz Khan said, “It is a case of small quantity of contraband, punishment for which is up to one year in jail. The prosecution’s case is that it was a case of consumption and not peddling of drugs. We argued that why the NCB required custody in a consumption case wherein statements have already been recorded.”
A team of NCB officials under the supervision of Zonal Director Sameer Wankhede had conducted a search at the Versova production house of Limbachiyaa on Saturday. The officials had found 65 grams of a green colour leafy substance, which was tested and it turned out to be ganja.
The team then conducted a search at the residence of Limbachiyaa and Bharti in Andheri, and recovered 21.5 grams of ganja and unaccounted Rs 1.49 lakh in cash.
“A notice was served to Bharti Singh under the provisions of Narcotics Drugs and Psychotropic Substances (NDPS) Act, and her statement was recorded. In her statement, Bharti voluntarily disclosed that she used to smoke weed joints/ganja purchased by her husband Limbachiyaa often. Bharti was then placed under arrest,” said an NCB official.
He added, in his statement, that Limbachiyaa told the officials that he used to procure and smoke weed joints/ganja. “He further disclosed that he had purchased the contraband from a peddler. He had kept some quantity of the contraband at his office, while the remaining at his residence which we had seized during searches. Limbachiyaa too was then placed under arrest late on Saturday evening,” the official said.
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Bharti Singh and her husband Haarsh Limbachiyaa sent to judicial custody till December 4
Faizan Khan (MID-DAY; November 23, 2020)
Comedian Bharti Singh and her husband Haarsh Limbachiyaa, who were arrested by the Narcotics Control Bureau (NCB) probing the drug syndicate in Bollywood, were sent to judicial custody till December 4 on Sunday. Though the NCB had sought their custody, the court refused it saying that it was only a case of consumption.
Meanwhile, Maharashtra cabinet minister Nawab Malik slammed the agency by saying that it was targeting Bollywood and arresting the addicts instead of sending them to rehab.
While Bharti was arrested earlier, post a long interrogation on Sunday morning, the NCB arrested Harsh as well. The agency had seized small quantities of Ganja from their premises. On Sunday, the duo was produced before the holiday court in South Bombay and sent to judicial custody. "We had sought two days custody to understand how they purchased the drugs and how payments were made to the peddler, but the court refused it," said advocate Atul Sarpande, who appeared for NCB.
Bail Hearing Today
Bharti and Harsh have applied for bail before the Esplanade Court. The matter will be heard today. While Bharti has been sent to the Byculla women's prison, her husband has been lodged at Taloja jail.
The NCB in its remand application has mentioned that Harsh used to procure drugs for the two of them and that they want to probe his links with other drug peddlers as well. The application further mentions that both confessed to consuming Ganja.
While hearing the matter, the court observed, "The drug seized from their residence is of a small quantity. Also, it's a case of consumption only, hence police custody under such circumstances is not required." The court also noted that the sections under which both have been booked attract only a year's punishment, so the remand was not required.
'Where Are The Big Fishes?'
Meanwhile, Malik launched an attack against NCB and said, "The agency is known for big catches, but where is the big catch? Is it their job to arrest addicts with such small quantities of drugs? If someone is addicted to drugs, it means he/she is unwell and they need a rehab centre not a prison. The national agency is not arresting big fishes involved in trafficking and smuggling through international channels. Can the agency come clear on how drugs are being trafficked in India?"
Sections For Arrest Under NDPS Act
- Section 8 (c) — Produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-state, export inter-state, import into India, export from India or transship any narcotic drug or psychotropic substance
- Section 20 b (A) — For producing, manufacturing, possessing, selling, purchasing, transporting, importing inter-state, exporting inter-state or using cannabis that involves small quantity
- Section 27 – Punishment for consumption of any narcotic drug or psychotropic substance
NCB harassed me into implicating actors Ranbir Kapoor, Dino Morea, Arjun Rampal in drugs case-Kshitij Prasad
9:03 AM
Rebecca Samervel (THE TIMES OF INDIA; October 4, 2020)
Mumbai: Retracting his statements made to the Narcotics Control Bureau (NCB), executive producer Kshitij Prasad submitted before the NDPS court on Saturday that the investigating agency repeatedly harassed him into falsely implicating actors Ranbir Kapoor, Dino Morea and Arjun Rampal in the drugs case.
The NCB called his claims “false and baseless”.
Prasad (30) was arrested on September 26 in the drugs case the NCB is probing in connection with actor Sushant Singh Rajput’s death. He was produced before the court on Saturday and sent to judicial custody until Tuesday.
“I have been repeatedly harassed and coerced into falsely implicating Dino Morea, Arjun Rampal and Ranbir Kapoor in the present proceedings despite me repeatedly stating that I do not know the persons and have no knowledge of such allegations,” Prasad said in his plea.
He also said as he refused to write false statements, the NCB had been preparing them as per their wish and attempted to force him to sign them. “I say that in this manner I am being mentally, emotionally and psychologically harassed and abused by the complainant (NCB) into making false statements,” he added.
Special public prosecutor Atul Sarpande denied the allegations and said they were pre planned. “The court was shown his statements and none of these names are even mentioned there. He had refused to sign the statements,” Sarpande said.
Sarpande told the court that while in custody Prasad was totally “non-cooperative, adamant and arrogant and refused to sign statements given by him.”
The NCB claimed that he was trying to bargain hard by seeking removal of the stringent Narcotic Drugs and Psychotropic Substances (NDPS) Act’s Section 27A in exchange for his signatures on the statements. The charge of illicit trafficking and harbouring of offenders under Section 27A of the NDPS Act attracts a minimum sentence of 10 years’ imprisonment and a maximum of 20 years in jail.
Prasad is a former employee of filmmaker Karan Johar owned Dharmatic Entertainment, a sister concern of Dharma Productions. At his remand hearing, Special Judge G B Gurao said the police was given sufficient time to investigate the crime and there were no justifiable reasons to extend his police custody.
Last week, during his first remand hearing, Prasad’s defence advocate Satish Maneshinde had submitted another statement alleging that the NCB had been consistently threatening him to make statements against Johar and other senior officers of Dharma productions and that in the event he refused, they would falsely implicate his wife and other family members. The NCB had denied these allegations.
In his plea retracting his statements, Prasad said at the NCB office he was surrounded by several officers and made a statement containing several confessions which were dictated by the officers of the department. The plea also said that upon reading the statement he realised that many false parts were unilaterally included without his consent.
“In view of the fact that he was under pressure of the concerned officers, the accused had to make the statement under duress, threat and coercion. The statement is totally involuntary and not recorded in accordance with law,” the plea said.
If granted bail, Rhea Chakraborty could alert others, destroy evidence, says NDPS court
8:21 AM
Rebecca Samervel (THE TIMES OF INDIA; September 15, 2020)
Mumbai: If Rhea Chakraborty and her brother Showik are released on bail, they may alert those involved in the drug case and there is possibility of tampering the evidence, said the special NDPS court, in its order rejecting their pleas. The siblings are among those arrested in the drug case linked to actor Sushant Singh Rajput’s death.
On Friday, special judge G B Gurao had rejected the bail pleas of Rhea (28), Showik (23), Rajput’s house manager Samuel Miranda, Rajput’s cook Deepesh Sawant, and alleged drug peddlers Basit Parihar and Zaid Vilatra. Special public prosecutor Atul Sarpande had opposed their pleas. The order copies were made available on Monday.
The judge said the records show Rhea and Rajput were in a live-in relationship. The court said the NCB had alleged that she procured drugs for Rajput by financing them, and had asked Showik to arrange for them. “The Narcotics Control Bureau (NCB) had recovered WhatsApp chats and other electronic evidence. Some amount is also transferred via her credit card. Also there is recovery of commercial quantity of LSD from accused Anuj Keshwani. The probe is at a preliminary stage, therefore..it cannot be said that there are no reasonable grounds to connect the accused.”
Seeking bail for the siblings, their lawyer Satish Maneshinde had said that both had retracted their self-incriminating confessional statements as they were coerced into giving them. But the court said that “we are... not conducting a mini trial and therefore...what is the record before the court is to be seen”. It added that at this stage, it cannot be said that Rhea’s statement was forcibly recorded.
The duo has also been accused of “illicit trafficking and harbouring of offenders” under Section 27A of the NDPS Act. Maneshinde had submitted that the NCB had not quantified the drugs and the claims, at best, would pertain to small quantities and the offence, if any, was bailable. He said if the entire evidence is seen, according to the prosecution, only Rs 12,000 had been spent by Rhea through credit cards for drugs. He said that merely, sale and purchase of drugs does not amount to illicit traffic. But the court said for an offence to be proved under Section 27A no particular quantity of the drug is required. It referred to the 0.6gm LSD allegedly recovered from Keshwani.
The order said under Section 37, no person accused under 27A or for offences involving commercial quantity can be given bail unless the court is satisfied that there are reasonable grounds to believe he’s not guilty and that he is unlikely to commit offence while out on bail.
The court also accepted the prosecution’s submission that during interrogation, Rhea was accompanied by a woman cop.
NDPS denies bail; Rhea and Showik Chakraborty to now appeal in High Court
8:47 AM
Rebecca Samervel (THE TIMES OF INDIA; September 12, 2020)
Mumbai: A special Narcotic Drugs and Psychotropic Substances (NDPS) Act court on Friday rejected the bail pleas of actor Rhea Chakraborty and her brother Showik in the drug case being probed by the Narcotics Control Bureau (NCB) in connection with actor Sushant Singh Rajput’s death.
The court also rejected the bail pleas of Rajput’s house manager Samuel Miranda and cook Deepesh Sawant and alleged drug peddlers, Basit Parihar and Zaid Vilatra.
G B Gurao, special NDPS Act judge, observed that bail could not be granted at this stage. Detailed order copies are yet to be made available.
Rhea was arrested on Tuesday and Showik last week.
Satish Maneshinde, lawyer for the siblings, said: “Once we get a copy of the court order, we will decide next week on approaching Bombay high court.”
Meanwhile, special public prosecutor Atul Sarpande moved a plea seeking cancellation of the bail earlier granted to alleged drug peddler, Kaizan Ibrahim. He was arrested on September 4, and granted bail the following day by a magistrate’s court. Sarpande said that Ibrahim was in contact with several accused and hence, he should be in custody. The plea will come up for hearing on September 15.
On Wednesday, Rhea had moved the special NDPS court after a magistrate’s court rejected her plea for bail. She sought parity with co-accused Ibrahim and alleged peddlers Abbas Lakhani and Karna Arora, from whom 59gm of ganja was allegedly recovered. The trio is out on bail.
Maneshinde had pointed out that no drugs were found from either Rhea or Showik. Rhea had also retracted her statement made to the NCB saying she was ‘coerced’ into making self-incriminating confessions. He submitted that no case was made out against her under the graver charge of Section 27 A (financing illicit traffic and harbouring offenders) of the NDPS Act which attracts a minimum 10 years and a maximum 20 years in jail.
“In essence, her alleged role, if any, is the purchase of a small quantity of drugs for her then boyfriend Sushant Singh Rajput which would squarely fall within the ambit of a section which is punishable with a maximum imprisonment of up to one year or with fine or both. Hence, the allegations against Rhea make out an offence that is bailable in nature,” Maneshinde had said.
Opposing Rhea’s bail plea, Sarpande submitted that she had conscious knowledge about Rajput’s drug consumption and she made herself part of the offence by procuring drugs and using her credit card and other payment modes to pay for them. “Rhea has been involved in financing the illicit dealing of narcotic drugs and psychotropic substances. She has revealed sufficient information related to contravention of the NDPS Act and at this early stage, if she is enlarged on bail, there are high chances of tampering of evidence and influencing witnesses,” the prosecution had submitted.
Sarpande claimed that the drugs were received by Miranda and Sawant and handed over to Rajput. He added that sufficient evidence was collected against Rhea and Showik from phones, laptops and voluntary statements of her and the other accused.
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BOMBAY TIMES (September 12, 2020)
A special court in Mumbai on Friday rejected the bail pleas of Rhea Chakraborty, her brother Showik, and others in the drug case filed by the Narcotics Control Bureau (NCB) under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The other accused in the case are Abdul Basit, Zaid Vilatra, Dipesh Sawant and Samuel Miranda.
Rhea and others were arrested by the NCB for allegedly procuring drugs for Sushant Singh Rajput, who died on June 14. The actress is in judicial custody till September 22.
DURING THE STATEMENT, RHEA CHAKRABORTY REVEALED ABOUT HER INVOLVEMENT IN THE PROCUREMENT OF DRUG AND FINANCIAL TRANSACTIONS: NCB
While opposing the bail to Showik, NCB said that if released on bail, he may tamper with the evidence and will also try to win the witness by using her (Rhea) position in the society and money power. In its response to Rhea’s bail application, the NCB had said, “During the statement, present accused Rhea Chakraborty revealed about her involvement in the procurement of drug and financial transactions and also her instructions to Samuel Miranda, Deepesh Sawant and applicant Showik Chakraborty in this regard. Therefore, it is clear from the statement that the applicant is an active member of a drug syndicate connected with drug supplies.”
SHE ISN’T A PART OF ANY DRUG SYNDICATE: ADVOCATE SATISH MANESHINDE, RHEA’S LAWYER
In her bail plea, Rhea had claimed that she was falsely implicated in the case and that the NCB officials had coerced her into making self-incriminating statements. Advocate Satish Maneshinde, who is representing Rhea and Showik, told BT, “The next step is to move Bombay High Court, and we are preparing for it. First, it’s a small quantity, and secondly, she isn’t a part of any drug syndicate. The person who was caught and was in connect with another person caught with commercial quantity, the department asked for his bail. They say that she was financing narcotics drugs trade and was involved in drug trafficking, whereas, it has been alleged that she had spent only Rs. 12,000 for a transaction, according to them. So, how can it amount to financing or trafficking? Rs. 12,000 at worst can be taken as purchase of a small quantity. Their own case is that one gram costs Rs. 5,000. Bud is a more refined form of ganja. So how can it be of commercial quantity, illicit trade or harbouring? Charges against her are a ploy to keep her in custody. All accused have retracted their statements. Besides, the NCB itself says that she never consumed drugs. Showik and her drug tests have been done. Both were found with no drugs. There’s nothing to incriminate Rhea and Showik.”
— With inputs from Neha Maheshwri
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NCB seeks cancellation of alleged drug peddler Kaizan Ibrahim’s bail
David Delima (MUMBAI MIRROR; September 12, 2020)
A special NDPS court on Friday rejected the bail applications of actor Rhea Chakraborty and her brother Showik in the drugs case against them in connection with the death of actor Sushant Singh Rajput. Judge GB Gurao also dismissed the bail pleas of Rajput’s cook Dipesh Sawant, house manager Samuel Miranda, and alleged drug peddlers Zaid Vilatra and Basit Parihar.
The district magistrate had rejected Chakraborty’s bail application on the day of her arrest on September 8 for allegedly arranging and financing the sale of marijuana for her partner Rajput. It had sent her to judicial custody till September 22. She is lodged in the Byculla jail.
Chakraborty moved the NDPS court on Thursday, contending that she had been booked by the Narcotics Control Bureau (NCB) for bailable offences as her alleged role was limited to purchasing a small quantity of drugs for Rajput, which is punishable with a maximum one-year jail term and/or a fine.
Her application had said that she had formally retracted self-incriminating confessions she was coerced into making during her questioning, and that the agency had booked her under Section 27A (financing illicit traffic and harbouring offenders) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act without any evidence.
Special Public Prosecutor Atul Sarpande had told the court that the anti-drugs agency had recorded statements and retrieved payment records to show that the accused had been “actively involved in the procurement of the drugs”. As they had paid for the drugs delivered to Rajput’s employees, it was clear that they had “actively aided, abetted and financed other accused persons for the drug transactions” as part of a conspiracy, punishable with imprisonment for 20 years, it was argued.
Sarpande had also said the release granted to another accused, Kaizan Ibrahim, on bail was legally correct as he had not been booked under Section 27A of the NDPS Act. Chakraborty had sought bail on the grounds of parity with Ibrahim and two other accused, Abbas Lakhani and Karan Arora.
Sarpande told Mirror on Friday that the NCB has moved an application seeking cancellation of Ibrahim’s bail as there was evidence to indicate that he was part of the alleged conspiracy.
Meanwhile, Chakraborty’s lawyer, Satish Maneshinde, said he was yet to receive a copy of the NDPS court’s order and will later decide on whether to approach the Bombay High Court next week.
NCB opposes bail pleas of Rhea Chakraborty & her brother; court order today
8:48 AM
Rebecca Samervel (THE TIMES OF INDIA; September 11, 2020)
Mumbai: ‘Strongly opposing’ actor Rhea Chakraborty’s bail plea, the Narcotics Control Bureau (NCB) has claimed that she was clearly involved in financing activities related to illicit trafficking of drugs and this is supported by the voluntary statements made by her and other accused, WhatsApp chat records, call detail records and information recovered from laptops and tablets.
“The applicant (Rhea) was having conscious knowledge about drug consumption by Sushant Singh Rajput and she made herself part of this offence by procuring drugs. She has used her credit card and payment getaways to facilitate the financial transactions related to dealing of illicit drug trafficking,” the NCB said before a special NDPS court on Thursday. The court is likely to pronounce its order on Friday.
Special public prosecutor Atul Sarpande refuted Rhea’s claims that she was coerced into making self-incriminating confessions which she has now formally retracted. “The confession was taken legally and is admissible. Retraction is a routine process based on legal advice,” the prosecution said, adding that she “cannot escape the clutches of the law”.
He cited similar grounds to oppose the bail plea of Rhea’s brother Showik Chakraborty.
The prosecution said that, in a voluntary statement, Rhea had confessed that she was staying with Rajput since April 2019 and was procuring drugs for him through Showik and his associates Basit Parihar, Kaizan Ibrahim and Zaid Vilatra. “She was operating this drug procurement nexus through (Rajput’s house manager) Samuel Miranda, (cook) Deepesh Sawant and Showik,” it said.
While Rhea was arrested on Tuesday, Showik was arrested last week. Special judge G B Gurao is likely to pronounce the orders on the pleas of the siblings on Friday, along with the bail pleas of Miranda, Sawant, Vilatra and Parihar.
Emphasising that she should remain in Byculla jail, the prosecution submitted that Rhea, by her own submissions had “deep roots in society”, so others “in her circle” who are also involved in such an offence may threaten or compel her to remove evidence or tamper with it.
The prosecution said that “financing illicit traffic and harbouring offenders” was a non-bailable offence under Section 27A of the Narcotics Drugs and Psychotropic Substances (NDPS) Act. Explaining how the section was applicable, it said, “As per her statement, she was making payment for the drugs and their delivery was taken by Miranda and Sawant for handing over those drugs to Sushant. Therefore, it is clear that the drugs... were not meant for personal consumption, but for supplying the same to other person.”
Sarpande added that contrary to claims made in Rhea’s bail plea, women officers were present during her interrogation earlier this week.
Rhea’s lawyer Satish Maneshinde argued that the offences against her were bailable and no purpose would be served by keeping her in jail. He added that she has cooperated with the investigations.
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