Sushant Singh Rajput's House Help Moves Bombay HC For Rs.10 Lakh Compensation Alleging Illegal Detention By NCB [Read Petition]

Dipesh Sawant, Sushant Singh Rajput's house help who is accused of procuring drugs for him, has filed a writ petition before the Bombay High Court seeking Rs.10 lakh in compensation from the Union of India alleging illegal detention by the Narcotics Control Bureau and gross violation of the Articles 21 and 22 of the Constitution of India.

The division bench of Justice SS Shinde and Justice MS Karnik will be hearing the petition on November 6.

The petitioner, who was booked under Section 8 (c), r/w. Sections 20 (b) (ii) (A), 23, 29 and 30 of the NDPS Act, 1985, was granted bail by the High Court two weeks back,

According to the petitioner, NCB has shown in the records that he was arrested on September 5 at 8 pm but in fact he claims he was arrested on September 4 at 10 pm and kept with the NCB till the time he was produced before a Holiday Remand Court at Esplanade on September 6, 2020 at 1:30 pm and was remanded in NCB custody till September 9. He was produced before the Magistrate after more than 36 hours violating the guidelines of the Apex Court and also Article 22 of the Constitution by not producing the Petitioner within 24 hours of his arrest, the petition contends.

The petition filed through Advocates Rajendra Rathore and Aamir Koradia states-

"It is pertinent to note that there is absolutely no recovery of any contraband at the instance of the Petitioner. It is further humbly submitted that there is absolutely no nexus between the Petitioner and any contraband of commercial quantity.

Under these circumstances the Petitioner approaches this Hon'ble Court under Article 226 & 22 of the Constitution of India with a prayer to take action against first Respondent for non-compliance of directions issued by Apex Court in case of DK Basu vs State of West Bengal [(1997) 1 SCC 416] and to forthwith release the petitioner who was illegally detained and kept in custody for bailable offence."

The petitioner was granted bail by the Bombay High Court along with others accused in the case like actor Rhea Chakraborty and Sushant Singh's house manager Samuel Miranda in an order dated October 7, 2020.

As per the NCB's case, the petitioner was arrested on September 4 relying on a statement given by Kaizan Ebrahim, another accused in the said case who was arrested with contraband in his possession. However, Ebrahim was produced in Court on September 5 and was granted bail the same day whereas the petitioner was still at NCB's office. Ebrahim had stated before NCB that he was delivering contraband drugs to the petitioner on instructions of accused Showik Chakraborty, who is still in jail.

The petitioner contends that he filed an application for illegal detention for violation of Sections 57 & 167 of CrPC and Holiday Remand Court observed that different facts reflected as per arrest memo. Also the NCB officials admitted that Dipesh was in custody since September 4, 2020 but was not produced with co-accused Kaizan Ebrahim on September 5, 2020 as they were still investigating and at around 8 pm he was shown arrested.

The NCB claimed that they arrested the Applicant on September 5, 2020 at 8 pm but did not inform about his arrest as per guidelines of the Supreme Court immediately but only allowed the Applicant to call his brother on his cell on September 6 at 11:40 am, the petition states referring to the guidelines set by the Apex Court in case of DK Basu vs State of West Bengal.

The petitioner contends-

"It is pertinent to note that there is absolutely no recovery of any contraband at the instance of the Petitioner. It is further humbly submitted that there is absolutely no nexus between the Petitioner and any contraband of commercial quantity.

The Petitioner is innocent and has been falsely framed in the instant matter. There is absolutely no iota of evidence to frame charge against the Petitioner under the NDPS Act, 1985.  

All the offences alleged against the Petitioner are bailable and the officers were bound to release the petitioner on bail and hence the petitioner is in illegal custody and deserves to be released on bail."

Thus, the petitioner seeks directions to take action against the Narcotics Control Bureau for non compliance with the directions issued by Apex Court in the case of DK Basu Vs. State of West Bengal. Moreover, the petition prays for directions to enquire into the matter of illegal detention and to initiate disciplinary action against the erring officers.

Finally, the petition seeks directions to the Union of India to compensate the petitioner with Rs. 10,00,000 for illegal detention and gross violation of the Articles 21 and 22 of the Constitution of India as the directions in the case of DK Basu (supra) from the Articles 21 and 22.

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