The Narcotics Control Bureau (NCB) has approached the Bombay High Court seeking cancellation of bail granted to Showik Chakraborty, brother of Bollywood actor Rhea Chakraborty in a case registered against him on allegations that he procured drugs for the late actor Sushant Singh Rajput.
The application filed through advocate Shriram Sirsath has contended that the Mumbai Sessions Court granted bail to Chakraborty ignoring the findings and observation made by the High Court which had rejected his bail application.
It is NCB’s argument that Chakraborty was arrested after his voluntary statement and alleged involvement in dealing of the illicit drugs.
It has been submitted that the Special Court failed to consider the observation by the High Court that Chakraborty was connected with the other accused in the case from whom commercial quantity of contraband was recovered.
The rigours of Section 37 (Offences to be cognizable and non-bailable) should have been applied since Chakraborty is accused under offence Section 29 (abetment and criminal conspiracy) of the Narcotics Drugs and Psychotropic Substances Act (NDPS Act), the plea states.
Considering that Chakraborty was purportedly part of a large syndicate it is not possible to observe that he is not likely to commit such offence in future, the petition further argues.
It is also NCB’s argument that the finding of the Sessions Court that recovery of contraband from accused Anuj Keshwani has no connection with Chakraborty is “grossly incorrect” and hence the bail ought to be set aside.
The application further submits that once the High Court has concluded on Chakraborty’s involvement and the rigours of Section 37, there was no cogent reason to take a different view in the absence of fresh material.
Their application seeks to cancel the bail granted on the ground that Chakraborty may dispose of his properties and assets to nullify the purpose of the financial investigation or he may help the other suspects in absconding or manipulating the investigation.
Chakraborty was remanded to judicial custody on September 9, 2020. The Special Court had rejected his first bail application on September 11, 2020.
On October 7, 2020, the Bombay High Court refused to grant him bail, although his sister, Rhea Chakraborty, was granted bail.
Thereafter Chakraborty filed an application before the Special NDPS Court which came to be allowed by the Court on December 12, 2020.