After the special NDPS Court rejected their bail pleas on September 11, 2020, Rhea Chakraborty and her brother Showik have filed an individual bail application before the Bombay High Court in the ongoing drug case against them.
The application filed by the Bollywood actress through advocates Anandini Fernandes and Namita Maneshinde enlists 51 grounds for bail.
Here are some of the grounds invoked in the bail application.
Differential Treatment by NCB, no case under section 27A:
The application points out how all the co-accused except for the siblings were released on bail despite the former being found in possession of some amount of substance. It was further pointed out that a case under Section 27A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act,1985, which provides for imprisonment of up to ten years for financing illicit traffic and harboring offenders, was not made out against them.
There was no recovery of commercial quantities of illicit substances from the duo, the applications aver. Further, it is stated that Rhea was only involved in the financing of the procurement of drugs for Sushant Singh Rajput and that he had been consuming drugs long before their relationship began.
Rhea's application particularly points out how she was summoned for interrogation for three days and there was no female officer present for her interrogation. She has also alleged that she was not given access to legal advice during the long hours she was interrogated and that she was bounded into make-self-incriminatory confessions.
Offence is of bailable nature:
It is stated that the "purchase of a small quantity of drugs " for the consumer would attract Section 20(b)(ii)(A), for which punishment is only for a year or fine, or both. Therefore, the charges against them are for offenses that are bailable in nature.
The application repeats that whatever small quantity allegedly purchased by Rhea was not for her or her brother's consumption.
There are several grounds relying on various case laws and statutes to build the argument that the intention of the NDPS Act is to punish severe offenders severely and to give milder punishments to insignificant offenders. They have argued in their application that since their offenses are less severe in nature, they can be granted bail.
Co-operation since the beginning:
It is highlighted that the siblings have been co-operating with the investigative agencies right from the beginning.
Both Rhea and Showik have assured through their applications that they will continue cooperating with all the agencies. They have reassured that their family and themselves have firm roots in the society and permanent residency in Mumbai and that they would not flee.
Rhea has also expressed worries regarding her bodily safety due to the constant rape and death threats she has been receiving. She has also raised concerns for her mental health due to the ongoing investigation with three other agencies and a media trial being conducted. Further, extending her custody at a time when COVID-19 cases are on the rise would pose a threat to her physical health as well, it is stated.
The bail applications were listed for hearing today before Justice SV Kotwal. However, after today was declared a holiday, these applications will be taken up for hearing tomorrow.
Advocate Satish Maneshinde will appear on behalf of Rhea and Showik.
