[Financial Investigation Underway] NCB Challenges Bail To Rhea Chakraborty's Brother Showik, Eight Others In Bombay High Court

Showik, accused of being a part of a drug cartel and booked under the stringent sections 8 (c) r/w section 20 (b) (ii), 22, 27A, 28, 29 and 30 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in September last year, was granted bail by the Special NDPS Court on December 2, 2020.

The NCB has sought cancellation of his bail u/s 439(2) of CrPC on the grounds that there is a financial investigation underway and there are several absconding accused. Showik may try to dispose of properties and assets, nullifying the purpose of the investigation, NCB has alleged.

NCB says that after Showik was granted bail, they have arrested the main supplier of charas Mohammed Azam Shaikh, with 5 kg of charas, opium and ecstasy.

Separately, "digital analysis, bank and financial data" received also shows his clear involvement in the preparation and execution of crime under NDPS Act, the agency states.

"It is further submitted that there are many absconding accused. The links of several accused with the Respondent No 2(Showik) are also being surfaced and therefore even today the investigation is going on. As the case is of commercial quantity and Respondent No 2 (Showik) is part of this and also booked under 27 A of NDPS hence financial investigation is also going on. If the Respondent No 2 (Showik) is on bail he may dispose the properties and assets to nullify the purpose of Financial Investigation. The Respondent No 2 (Showik) may help other suspects in absconding and manipulating and hampering investigation," NCB's petition reads.

The petition states that the Special Court has wrongly come to the conclusion that the rigors of section 37 of the NDPS Act, related to grant of bail, would not apply to Showik, as he was not concerned with the commercial quantity of drugs allegedly recovered from peddler Anuj Keshwani.

The agency said that the HC rejected his earlier application stating he has links with alleged drug peddlers.

"It is submitted that once the Hon'ble High Court having come to a conclusion about involvement of the Respondent No. 2 (Showik) and the application of rigors of 37 of the NDPS Act, there was no cogent reason to take a different view, in the absence of any fresh material," the petition filed though advocate Shreeram Shirsat for the NCB states.

The NCB has claimed that co-accused Samuel Miranda has said he would organize weed for Sushant Singh Rajput from September, 2019 to March, 2020 through a contact given by Showik's friend and Showik has 'confessed' to procuring drugs for Sushant Singh Rajput.

"The role of Showik is revealed on the basis of statements of accused Dipesh, Samuel Miranda, Rhea Chakraborty, Basit Parihar and Suryadeep. It is revealed that Respondent No. 2 (Showik) procured Ganja for the consumption of Sushant Singh Rajput and particularly on the say of accused Rhea Chakraborty. Thus, he is a part of conspiracy," the plea states.

Even if there is no recovery from an accused, abetment and conspiracy u/s 29 of the NDPS Act cannot be ruled out, the agency has said.

NCB also said that the judgement of Tofan Singh v/s State of Tamil Nadu reported in MANU/SC/0797/2020 , which rules that a confessional statement to an investigator would not be admissible as evidence, would not apply to cases of bail.

The case will come up for hearing on March 30.

Background

Showik was arrested by the NCB on September 4, 2020 on the basis of his voluntarily statement and alleged involvement in dealing of illicit drugs. He was booked under Sections 8 (c) r/w section 20 (b) (ii), 22, 27A, 28, 29 and 30 of the NDPS Act. The offences relate to the use and possession of cannabis and psychotropic substances, financing illicit traffic and harbouring offenders as well as abetment and criminal conspiracy.

Section 27A can attract up to 20 years imprisonment.

The Bombay HC granted bail to actor Rhea Chakraborty on October 7, but rejected Showik's bail application. The NCB has approached the SC against bail granted to Chakraborty.

The present drug racket case 16/2020 was filed by the NCB following the registration of a previous case based on chats provided by the Enforcement Directorate (ED). The ED was probing a money-laundering angle against Rhea Chakraborty and others on Sushant Singh Rajput's father's complaint. No arrests have been made by the ED so far