High court said- the interpretation of section 27A which NCB did not justify, also rejected the demand for stringent punishment provision for celebrities

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Amit Karna, Mumbai2 hours ago

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The Bombay High Court on Wednesday granted bail to three people, including Riya Chakraborty, who has been in jail for over a month in the drugs case. He was arrested by the NCB under section 27A of the NDPS Act. But the court refused to believe that Riya was part of drug dealers.

The NCB had demanded a 20-year imprisonment for Riya, which the court termed as highly inconsistent and unfair. The court said that if an acquaintance has given money for the consumption of narcotics, then the person entitled to punishment is the person who consumes the payment. That too is not exactly 20 years.

Court finds NCB’s interpretation of 27A wrong

The court said in its judgment, “We agree with the defense argument.” The interpretation of section 27A by NCB is not valid. It should not be interpreted as NCB has done. We do not agree with the NCB’s argument that giving money to others for the use of drugs promotes that person’s drug addiction. Here ‘financing’ does not stop.

NCB’s allegations on Riya were denied

The NCB had also accused Riya that she used her money to arrange drugs. Also took help of his brother Shovik and Sushant’s staff in this work. It also does not come under the purview of section 27A. The court, however, admitted that Shovik was involved in the transaction.

Considered violation of section 8C of NDPC Act

The court accepted an NCB argument that there was a violation of section 8C of the NDPS Act in the Riya case. In this case, punishment under section 20 and section 22 is possible. But for this, the investigating agency has to show Riya’s involvement in the drugs case.

Riya’s house said no intoxicants

The court said that in the investigation so far, NCB has not found anything from Riya or Sushant’s house. Therefore, commercial transactions of prohibited narcotics are not the case. The sections 19, 24 and 27A imposed on them are also not established. It is also not proven that she was part of the gang of drug dealers. He also had no previous criminal record. In such a situation, the bail ground is formed.

Denied the provision of stringent punishment for celebrities

The court also rejected the argument of the Additional Solicitor General, who is presenting the case on behalf of NCB, in which he said that if celebrities are found involved in such cases then there should be provisions for comparatively more stringent punishment, as They are the ideals of a lot of people and people can commit crime by being influenced by them.

The court said, we do not believe this. All are equal before the law. If no one gets any privileges due to being a celebrity, then how can the matter of more punishment be right. Apart from Riya, the court also granted bail to Samyul Miranda and Deepesh Sawant.


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