Nearly three months after the arrest over drug-related charges in the Sushant Singh Rajput case, Bollywood actor Rhea Chakraborty's brother Showik has been granted bail by a special court in Mumbai.
When was Showik Chakraborty arrested?
Showik Chakraborty was arrested on September 4, along with Mr Rajput's house manager Samuel Miranda, after being questioned by the Narcotics Control Bureau (NCB). They were charged under multiple sections of the anti-narcotics law.
Times when Showik was denied bail by Bombay High court
In October, Showik was denied bail Bombay High Court after Rhea was granted bail. The court had said there is enough evidence to show that he is part of a chain of drug dealers engaged in the trafficking of banned substances.
The Mumbai court cited a recent Supreme Court judgment which said that statements or confessions before an NCB officer are not admissible evidence. Mr Chakraborty had approached the court for bail in the first week of November.
In October, Mr Chakraborty was denied bail Bombay High Court when his sister was given bail. The court had said there is enough evidence to show that he is part of a chain of drug dealers engaged in the trafficking of banned substances.
The bail plea filed by Showik's advocate Satish Maneshinde pointed out 'that the allegations against the applicant (Showik) will at the most make out a case of purchase of small quantities of drugs, which is, in essence, a bailable offence. There is not a shred of evidence to connect the applicant with the financing of any illicit traffic or harbouring any offenders and hence the ingredients of Section 27 of the NDPS Act, 1985 are not made out in the present facts.
Under what sections were Rhea and Showik Chakraborty booked and what is the penalty
Showik was arrested under Section 27 of the NDPS Act, 1985. While Rhea Chakraborty was booked under Sections 27 A, 21, 22, 29 and 28 of the NDPS Act.
Section 21: This section punishes a person who possesses, sells, purchases, transports or imports manufactured drugs. The definition of 'manufactured drugs' has been listed separately as 'all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate'. Punishment varies based on quantity seized, from small quantities, which could attract a penalty of Rigorous Imprisonment (RI) for up to 6 months and fine which may extend to Rs 10,000, to the seizure of large quantities which could attract a penalty of 10 years RI and fine up to Rs 2 lakh.
Section 22: This section punishes possession, sale, purchase, transport or import of psychotropic substances. Quantum of punishments in this section are the same as those in section 21.
Section 27A: This section imposes punishment for the consumption of any narcotic drug or psychotropic substance, like cocaine or morphine. It carries similar penalties.
Section 28 and 29: These sections deal with the offences of attempting to commit offences, and for abetment and criminal conspiracy.
NCB is probing drug angle related to Sushant Singh Rajput's death
Rhea Chakraborty was arrested days later and accused of being "an active member of a drugs syndicate" and financing drugs for use by Mr Rajput, her boyfriend.
Last month, NCB recorded statements of actors Rakul Preet Singh, Deepika Padukone, Shraddha Kapoor and Sara Ali Khan. Apart from that, Padukone's manager, Karishma Prakash's statement was also recorded. The agency is probing into the drug angle related to Rajput's death.