Amit Karna, Mumbai19 minutes ago
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Opposing bail in its affidavit, NCB has described Riya and Shovik as active members of the drugs syndicate.
The bail plea of Riya Chakraborty and her brother Shovik Chakraborty was heard in the Bombay High Court on Tuesday for nearly 7 hours. Meanwhile, Riya’s lawyer Satish Manashinde, in an affidavit filed by NCB, objected to Riya and Shovik Drugs Syndicate’s active members and imposing Section 27A of the NDPS Act on them. At the same time, it is not being proved from the messages that the transaction of drugs would have taken place.
Manasinde, appearing for Riya, said that the weight of the drugs was 25 grams, which was for Sushant’s use. Such a small quantity cannot be used commercially. Nor was she doing this to earn profits. ‘
Can be charged under section 29
Another defense counsel said, ‘It is alleged that we have facilitated the use of drugs to Sushant. In such a situation, we can be charged more and more under section 29, because there is only consumption, not trade. Also NCB did not mention that it is a small or commercial category. ‘
Completion of work is necessary for any crime
Riya’s lawyers also said that for any work to be described as a crime, that work must be completed. If I message a drug dealer with my phone, send me 10 grams of hash and the dealer replies that he is sending. Only on the basis of these two messages, can a crime be proved? It is also possible that the delivery man has consumed it or stolen it or given it to someone else. Accurately delivered that thing, without proof of this thing, it cannot be considered on the basis of messages only.
Had Sushant been punished for up to one year
During the hearing, Satish Manashinde said, “If Sushant had been alive today, he would have been punished under Section 27 for consumption of drugs, in which he would have been sentenced to six months to one year.” Clearly, when the main beneficiary would have been sentenced to just six months to one year, how could Section 27A be imposed against Riya and Shovik, which provided for 10 to 20 years of imprisonment.
After nearly 7 hours of hearing in Bombay High Court on Tuesday, the court reserved the verdict on the bail of both. Which may come up at the next hearing.