Details
Raju Vernekar
Vernekar.raj@gmail.com
“The Narcotics Control Bureau (NCB) probing the drug angle in actor Sushant Singh Rajput death case, by now has interrogated over a dozen people, including actress Rhea Chakraborty, mainly based on alleged What’s app chats dating back to 2017. ”
“Sushant was found dead due to hanging at his residence at Bandra in northwest Mumbai on June 14. The report of the team from AIIMS which subsequently examined the viscera, to find out if there was a foul play in the death of Sushant is expected to submit its report to CBI, which is probing other angles of the episode, along with the Enforcement Directorate. ”
“Those whose statements have been recorded by the NCB include actresses Deepika Padukone, Shraddha Kapoor, Sara Ali Khan, Rakul Preet Singh, Deepika’s former manager Karishma Prakash, former Dharma Production Executive Producer Kshitij Prasad Ravi, Producer Madhu Mantena Varma, Kwan Talent Management Agency CEO Dhruv Chitgopekar, Sushant’s Talent Manager Jaya Saha and his former Manager Shruti Modi. ”
“Those arrested include Rhea, her brother Showik, Sushant’s former House Manager Samual Miranda, his cook Dipesh Sawant, drug peddlers- Kaizan Ebrahim aka Jaison, Anuj Keshwani, Karamjeet Singh alias KJ, Sanket Patel, Sandeep Gupta, Aftab Fateh Ansari, Dwayne Anthony Fernandes, Ankush Arenja, Suryadeep Malhotra, Zaid Vilatra, Abdul”
“Basit Parihar and Chris Costa (of Goa). While the judicial custody of Rhea and Showik has been extended till October 6, Kshitij has been remanded to judicial custody till October 3.”
“However Advocate Satish Maneshinde representing Rhea and others, has made serious allegations that the NCB sleuths are trying to falsely implicate Bollywood personalities including Karan Johar. In response to the summons by NCB, Kshitij who was in Delhi arrived in Mumbai on September 25. During the search of his residence located at Andheri in North West Mumbai, the NCB officers found a cigarette butt. But they insisted that it was ganja ( marijuana) and drew a panchnana to that effect despite protest from Kshitij.”
Allegations by Defence
“During his interrogation, NCB sleuths asked Kshitij to admit on the record that film personalities including Karan Johar, Somel Mishra, Rakhi, Apoorva, Neeraj, and Rahil of Dharma Productions have been consuming drugs. When he refused, he was harassed and blackmailed to make a statement apart from third-degree and ill-treatment by NCB officers, Advocate Satish Maneshinde alleged in a What’s App message to the “KHL”.”
“In response, NCB Director K P S Malhotra refuted the allegations and told the ““KHL” that the “credible court order issued while remanding Kshitij to judicial custody, mentions that “No physical ill-treatment was given to him” and the inquiries were on as per the procedure. But the order dated September 27 issued by Metropolitan Magistrate V J Dongre of Holiday Remand Court, Esplanade, Mumbai, mentions that “ According to him (Kshitij) his statement recorded by the investigating officer is against his free consent. However he has no complaint about the physical ill-treatment”. Rhea has already claimed that her statement was obtained under duress. Others too can follow the suit. ”
“During their interrogation, Deepika Padukone, Shraddha Kapoor, and Sara Ali Khan reportedly maintained that they never consumed drugs and according to their knowledge Sushant was consuming drugs. Now they will have to prove that they were not involved in drug procurement.”
“The law does not define ‘consumption’, nor does it prescribe any procedure for determining what constitutes ‘consumption’. At what stage can the ‘crime’ be considered to have been committed. However even carrying a drug for medicinal purposes, without a valid prescription can lead to one’s arrest. The distinction between trafficking and consumption is significant. The people are arrested for cannabis consumption, even though most of the drugs seized are not cannabis-based.”
“As of now no drugs have been seized from any of the bollywood personalities, although the drugs in small quantities have been seized from the peddlers who have claimed that they have been supplying drugs to film folks. No link of these actresses with peddlers have surfaced so far.”
It is doubtful whether the drug case can be pursued based merely on confessional statements and circumstantial evidence. Besides an outcome of the inquiries by the Central Bureau of Investigation(CBI) and Enforcement Directorate (ED) into the allegation that Rhea abetted Sushant’s suicide and also embezzled his money is still awaited.
Cell phones seized
“The NCB has seized the cell phones of these actresses interrogated and is probing the case based on What’s App chat, as per section 65 (B) of the Information Technology Act 2000. However, its investigation is based only on confessional statements under section 67 of the Narcotic Drugs and Psychotropic Substances Act 1985 (amended in 2014).”
“As per section 24 of the Indian Evidence Act 1872 (as amended in March 2020), a confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the court to have been caused by any inducement, threat or promise. Besides, there is no express provision in the the Narcotic Drugs and Psychotropic Substances Act, 1985(NDPS) Act to record statements and section 67 of the act trumps the fundamental right against self-incrimination guaranteed in Article 20(3) of the Constitution.”
“As per the act, the quantity of drugs ranges between from two grams (small quantity) to 50 kg (commercial quantity) depending upon the type of drugs. ‘Small quantity’ is any quantity lesser than the threshold notified, whereas ‘commercial quantity’ is any quantity higher than the threshold notified for that particular substance. Thus, in the case of heroin, any amount less than 5 grams is considered ‘small quantity’ and any amount higher than 250 grams is considered ‘commercial quantity’.”
“As per the Section 27 of the NDPS Act, consumption of any narcotic drug or psychotropic substance is punishable with imprisonment up to a year. Besides, manufacturing, selling, purchasing, transporting and possession of a commercial quantity of psychotropic substances can attract a minimum of 10 years rigorous imprisonment which may extend up to 20 years. Convicts are also liable to also liable to pay a fine between Rs 1 lakhs. ”
Bail
Section 37 puts a stringent restriction over those committing non – bailable offences under the NDPS. Subsection (b) (ii) of the said section imposes an extra restriction apart from the general guidelines which disallow the court to grant bail until it is completely satisfied that the accused has not committed the offence. Courts at this stage of the trial don’t go much deep into the evidence and arguments and are just looking at things forming a prima facie case.
Quantity of drugs.
“Under the NDPS, the punishment depends on whether the quantity of drug involved is small, is more than small but less than commercial or is commercial. The quantities for some common drugs are: Mphetamine-Small quantity (2 grams), Commercial quantity (50 grams), Buprenorphine-Small quantity (01 gram), Commercial quantity (20 grams), Charas/Hashish- Commercial quantity (01 kg), Cocaine -Small quantity (2 grams ), Commercial quantity (100grams), Codeine – Small quantity (10 grams), Commercial quantity (01kg), Diazepam– Small quantity (20 grams ), Commercial quantity (500 grams), Ganja (Marijuana)- — Small quantity (01 kg), Commercial quantity (20 kg), Heroin — Small quantity (05 gram), Commercial quantity (250 grams), MDMA — Small quantity (05 gram), Commercial quantity (10 gram), Methamphetamine — Small quantity (02 gram), Commercial quantity (50 grams), Methaqualone– Small quantity (20 gram), Commercial quantity (500 grams), Morphine– Small quantity (05 gram), Commercial quantity (250 grams) and Poppy straw– Small quantity (01 kg, Commercial quantity (50 kg).”
Punishment
“Offences-Cultivation of opium, cannabis or coca plants without license-Penalty-Rigorous imprisonment-up to 10 years + fine up to Rs.1 lakh, -Opium – section18(c) Cannabis – section 20 Coca- section 16, Offence-Embezzlement of opium by licensed farmer, Penalty-Rigorous imprisonment -10 to 20 years + fine Rs. 1 to 2 lakhs (regardless of the quantity)- under sections 19, Offences -Production, manufacture, possession, sale, purchase, transport, import inter- state, export inter-state or use of narcotic drugs and psychotropic substances, Penalty- Small quantity – Rigorous imprisonment up to 6 months or fine up to Rs. 10,000 or both. More than small quantity but less than commercial quantity – Rigorous imprisonment. up to 10 years + fine up to Rs. 1 Lakhs. Commercial quantity – Rigorous imprisonment 10 to 20 years + fine Rs. 1 to 2 Lakhs, Prepared opium- under section-17 Opium – under section-18 Cannabis – under section- 20 Manufactured drugs or their preparations- under section-21 Psychotropic substances – under section-22 and Offence-Import, export or transhipment of narcotic drugs and psychotropic substances, Penalty- Small quantity – Rigorous imprisonment up to 6 months or fine up to Rs. 10,000 or both.”
“More than small quantity but less than commercial quantity – Rigorous imprisonment. up to 10 years + fine up to Rs. 1 Lakhs. Commercial quantity – Rigorous imprisonment 10 to 20 years + fine Rs. 1 to 2 Lakhs, Prepared opium-under section 17 Opium – under section 18 Cannabis – under section 20 Manufactured drugs or their preparations- under section 21, Psychotropic substances -22, Offence-External dealings in NDPS-i.e. engaging in or controlling trade whereby drugs are obtained from outside India and supplied to a person outside India, Penalty-Rigorous imprisonment 10 to 20 years + fine of Rs. 1 to 2 lakhs (Regardless of the quantity), under section 24, Offence-Knowingly allowing one’s premises to be used for committing an offence, Penalty- Same as for the offence, under section 25 and Offence-Violations pertaining to controlled substances (precursors), Penalty-Rigorous imprisonment up to 10 years + fine Rs. 1 to 2 lakhs, under section -25A.”
“Offence-Financing traffic and harbouring offenders, Penalty-Rigorous imprisonment 10 to 20 years + fine Rs. 1 to 2 lakhs, under section 27A, Offences-Attempts, abetment and criminal conspiracy, Penalty-Same as for the other offences under section-29, Offence-Preparation to commit an offence, Penalty- Half the punishment for the offence, under section 30, Offences-Repeat offence, Penalty, One and half times the punishment for the offence. Death penalty in some cases, under sections -31 and 31 A, Offence-Consumption of drugs, Penalty-Cocaine, morphine, heroin – Rigorous imprisonment up to 1 year or fine up to Rs. 20,000 or both. Other drugs- Imprisonment up to 6 months or fine up to Rs. 10,000 or both. Addicts volunteering for treatment enjoy immunity from prosecution, under section-27, Immunity – under section 64A and Offence-Punishment for violations not elsewhere specified, Penalty- imprisonment up to six months or fine or both, under section-32.”
