NCB moves Bombay HC seeking cancellation of bail granted to Showik Chakraborty in drugs case

by Mansi
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The NCB, which is probing the drugs case linked to late actor Sushant Singh Rajput’s death, said that the Mumbai Sessions Court granted bail to Showik Chakraborty ignoring the findings and observation made by the High Court which had rejected his bail application.

The Narcotics Control Bureau (NCB) has approached the Bombay High Court seeking cancellation of the bail granted by a special NDPS court to Rhea Chakraborty’s brother Showik and nine others in the drug case linked to late actor Sushant Singh Rajput’s death.

The NCB application states that the Mumbai Sessions Court granted bail to Showik Chakraborty ignoring the findings and observation made by the high court which had rejected his bail application.

Chakraborty was remanded to judicial custody on September 9, 2020. He filed a bail application soon after, however, it was rejected on September 11, 2020. Showik and his sister Rhea Chakraborty both filed bail applications before the Bombay High Court and on October 7, 2020, While Rhea was granted bail, her brother Showik was not.

The Supreme Court, in another case, had held that statements made before the NCB officials were not admissible in the court of law. Hence, Showik approached the sessions court again with a fresh bail plea. The court finally granted bail to Showik on December 12, 2020.

What NCB told the Bombay High Court

Now, the NCB, in its fresh plea, says that the special NDPS court, while granting bail to Showik, had failed to consider the observation by the high court that he 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 [Showik] is accused under offence Section 29 [abetment and criminal conspiracy] of the Narcotics Drugs and Psychotropic Substances Act [NDPS Act],” NCB’s plea states.

The plea further elaborates on why NCB is seeking cancellation of Showik’s bail. “It has been also observed that considering the fact that Showik is a part of large syndicate, it is not possible to observe that he is not likely to commit such offence in future.”

“It is, therefore, most humbly submitted that if the above referred were the categorical observation of the Hon’ble High Court whilst rejecting the bail application of Showik, then the sessions judge, in absence of any material to the contrary, has erred in coming to a conclusion and observing that the recovery of contraband from accused Anuj Keshwani has no concerned with Showik. Therefore, in the present case, stringent provision of section 37 of NDPS Act do not apply[sic],

“It is most humbly submitted that the said finding is grossly incorrect and therefore bail granted on the basis of the said findings deserves to be set aside.” Keshwni according to NCB sleuths was found with commercial quantity of contraband and is alleged to be a drug dealer,” NCB says.

It is 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 by sessions court says NCB.

NCB plea 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.

The bail granted to Rhea Chakraborty has also been challenged by the NCB in the Supreme Court.

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