Every youtuber, Islamist and news anchor has suddenly become expert on law ever since Movie Star of bygone era, Shah Rukh Khan’s son Aryan Khan has been arrested by Narcotics Control Bureau. The Government of Maharashtra or rather Nationalist Congress Party (NCP) has come out openly in support of Aryan Khan. Maharashtra Police is shadowing the head of NCB and he had to complain to the Director General of Police, Maharashtra.
If you scroll back or search for tag ‘Dalda’ you will know that this was on drugs had started last year and due notice was given to movie stars by summoning them to the office of NCB for interrogation. It was a good subtle way of warning. It appears that Shah Rukh Khan or his son or both did not get the message.
Returning back to the legal aspect, Narcotics Act require a special conditions for release of an accused on bail. The judge has to be satisfied about two additional conditions. Read the following section 37 of NDPS Act:
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.