The Bombay High Court on September 18, 2020, adjourned the bail application filed by the Abdel Parihar, Samuel Miranda, and Dipesh Sawant who are accused in the drug case taken in connection with Sushant Singh Rajput’s death. The High Court observed that the narcotics control bureau case is an unusual one and an important question of law is involved "which will not just affect this case but all other cases of past and future."
Justice SB Kotwal was hearing the bail application via video conferencing.He asked the counsel for the applicant as well as Additional Solicitor General Anil Singh who was appearing for the Narcotics Control Bureau, to come prepared to argue the matter extensively on the next date of hearing. He also said to justify the applicability of Section 27A of the Narcotic Drugs and Psychotropic Substance Act, 1985. Section 27 A talks about the punishment for financing illicit traffic and harboring offenders.
All six accused have been booked under Section 8(c) read with Section 20(b) (ii)(a), 22, 27A, 28, 29, and 30 of Narcotics Drugs and Psychotropic Substance Act, 1985. The session court on September 11, 2020, deny the bell of all six accused person, and later on, only four of the accused namely Zaid Vilatara, Abdel Parihar, Samuel Miranda, and Dipesh Sawant moved to High Court.
Accused Zaid Vilatara bail application was in the Court of Justice G S Kulkarni today and Advocate Tariq Sayed appeared on his behalf. The matter was simply adjourned till the next date of hearing on September 21, 2020.
Thereafter Advocate Syed appeared on the behalf of another request that is up wale Parihar before Justice Kotwal and laid out the facts of the case he also submitted that the Narcotics Control Bureau has firstly arrested Abbas Ramzan Ali, Lakhani, and Karan Arora. A total of 59 grams of ganja was recovered and both the accused were arrested at that time.
According to the disclosure made by accused Abbas and Karan, NCBT search the premises of accused Zaid Vilatara and seized Rs 9,55,750 along with some foreign currency. He said that the deceased amount is the sale of the contraband. The statement by Abdul Parihar revealed that he purchase and sell Marijuana/ Ganja through accused Zaid and Kaizen Ebrahim.
Abdul Bason Parihar is facilitating the drugs and he was in contact with the accused Samuel Miranda House manager of Shushant and accused Showik
Chakraborty. He used to pay and receive money for contrabands why credit card cash and payment gateways.
When the accused cousin Abraham was interrogated by the Narcotics Control Bureau, discloses the name of accused Anuj Keshwani as the supplier of ganja and Marijuana. Accused Keshwani was into the business of purchase and sale of ganja Charas and LSD. He used to procure the drugs from Nigel Mahakala with the intention to sell it to the accused Kaizan Abraham. accuse Anju Keshwani was in the contact with accuse cousin Ibrahim and on the basis of the statement of Keshwani NCB team has seized the Charas, ganja, THC, and LSD along with some cash from his house. Nigel Mahakala has absconded and still out of reach of NCB.
Advocate Syed submitted that in total there are 16 people who have apprehended in this case but all the drugs which are seized are in small quantities.
After hearing this Justice Kotwal interrupted Senior Advocate Syed and said that accept LSD that was recovered from the another accused Anju Keshwani was in commercial quantity.
However, Advocate Sayed argued that Anuj Keshwani was granted bail and Section 27A of the Narcotics Drugs and Psychotropic Substance Act, 1985 was not applied.
While referring to the act itself advocate Syed submitted that in order to attract bar under section 37 of offence has to be under section 1924 or 27a of the NDPS act or an offence under commercial quantity in the present case Section 27A has been applied but there has been no recovery.
Under Section 27A the punishment for consumption of any narcotic drugs or psychotropic substances namely cocaine, morphine, and diacetylmorphine is imprisonment for up to one year. Section 37 talks about that no person who is accused of an offence punishable under section 19, 24, or section 27A and also for offences involving the commercial quantity shall be released on bail. Section 29 talks about the punishment for abetment and criminal conspiracy under Narcotics Drugs and Psychotropic Substance Act, 1985.
Addressing Advocate Syed argument regarding the offence applicable to the accused the court noted that “The purpose of the act is the rehabilitation of those who are addicts hence they are treated differently in. As the primary goal is to eliminate the illicit drug trade that takes place. So if the offence is regarding contrabands which is less than commercial quantity then Section 20(b) alone is sufficient, why was Section 27A been applied. So, the prosecution has to argue on the financing aspect."
The court while addressing Additional Solicitor General Anil Singh said that the basic argument against NCB's action, "You have to go after the bigger fish, so submit your argument accordingly."
Justice S B Kotwal said that it is not only about this particular case alone, all other cases related to this subject matter will be impacted by this. This matter involved an important question of law and needs to be heard at length. Therefore, the matter is adjourned for further hearing on September 29, 2020.
