Drug laws in India are very strict. If prosecution makes out the foundation of charge against an accused, burden of proving innocence is upon the accused. The judge before granting bail has to assure itself that accused appears to be innocent. This position under NDPS law is different from ordinary laws of the land. (For more on Criminal Laws of India read my book here)
Bail in Narcotics case:
The exercise of power to grant bail by the Special Judge is not only subject to the limitations prescribed by Section 439 of Central Cr.P.C. but is also subject to the limitations prescribed by Sec.37 which opens with non-obstante clause. Under section 37 of the Act bail to an accused, who is alleged to have committed an offence under section 19, 24 or 27A and also for offences involving commercial quantity cannot be granted unless the two conditions enumerated in the section are satisfied.
The first condition is that the prosecution must be given an opportunity to oppose the application and second that the court must be satisfied that there are reasonable grounds for believing that s/he is not guilty of such offence. If either of these two conditions is not satisfied, bail cannot be granted.
Charges against Rhea Chakraborty:
The Narcotics Control Bureau (NCB) has alleged that actress Rhea Chakraborty (Rhea Chakraborty) was an active member of the drug syndicate, which included many well-known people and drug suppliers from high societies. NCB has said that Riya Chakraborty is accused of promoting drugs consumption by late actor Sushant Singh Rajput.
Promotion of drug consumption:
According to prosecution: “Looking at the entire scenario, it comes to light that Riya Chakraborty was aware that Sushant Singh Rajput used to consume drugs and during this time not only he was encouraged to do so but the whole thing was also hidden from him.”
This is a fact which was admitted by her in a tv interview which was the first revelation about Riya’s role in Sushant’s death. I had pointed out earlier that interview will damage her defence.
There is also evidence against her, which shows that Rhea Chakraborty has been involved in drug trafficking. The NCB has made it clear that under a criminal conspiracy, Riya supported other accused for drug dealing, encouraged them to do so and also helped them with money.
In an affidavit filed in the Bombay High Court by NCB zonal director Sameer Wankhede, Riya has deposed before the agency that she had paid the money to Samuel Miranda and Deepesh Sawant for drugs which were later given to Sushant for consumption. Thus the drugs for which the money was paid were not for personal use but to be supplied to someone else and it falls under Section 27A of NDPS 1985.
NCB opposition to bail
The NCB has said in an affidavit that the investigation is at an important stage and if Riya gets bail at this time, the investigation will be hampered. NCB said that Riya has been involved in drug smuggling, there is multiple evidence to prove that. She not only helped in the delivery of drugs, but also paid them through her credit card, cash and many other such means.
Now be in the arm chair of a judge entrusted the duty to put people in prison to keep the city safe from drugs and decide, would you say Rhea looks innocent at this moment?