Amit Karna, Mumbai14 days ago
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The Bombay High Court on Wednesday granted bail to three people, including Riya Chakraborty, who has been lodged in jail for a month in a drug case. The NCPS arrested him under Section 227A of the NDPS Act. The court, however, refused to believe that Rhea was part of the drug dealers.
The NCB demanded a 20-year sentence for Riya, which the court called extremely inappropriate and unfair. The court said that if an acquaintance paid for the use of drugs, the person entitled to the punishment was the person who took the money. Not exactly 20 years.
The court found NCB’s 27A interpretation to be incorrect
“We agree with the defense argument,” the court said in its ruling. The interpretation of Section 27A by the NCB is not valid. It should not be interpreted as the NCB did. We do not agree with the NCB’s argument that paying someone else for drug use encourages a person’s drug addiction. ‘Financing’ is not stopping here.
The NCB’s allegations against the rear were denied
The NCB also accused Riya of using her money to arrange drugs. His brother Shovik and Sushant’s staff also took help in this work. It does not fall under section 27A. The court, however, admitted that Shovik was involved in the transaction.
Considered a violation of Section 8C of the NDPC Act
The court accepted the argument of an NCB that the RIA case violated Section 7 of the NDPS Act. In this case, punishment under sections 20 and 22 is possible. However, for this, the investigating agency has to show rear involvement in the drug case.
The rear house said no drugs
The court said that so far the NCB has not found anything from Riya or Sushant’s house in the investigation. Thus, it is not a matter of commercial transactions of prohibited drugs. Sections 19, 24 and 27A imposed on them were also not established. It is also not clear if he was part of a gang of drug dealers. He also had no previous criminal record. In such a situation a bail field is formed.
Has denied the provision of harsh punishment for celebrities
The court also rejected the Additional Solicitor General’s argument, presenting the case on behalf of the NCB, saying that if celebrities were found to be involved in such cases, there should be comparatively harsher penalties, as these are the norm for many and people can be influenced by them to commit crimes.
The court said, we do not believe it. Everyone is equal before the law. How can the issue of more punishment be justified if one does not get any opportunity due to being a celebrity. Apart from Riya, the court also granted bail to Samiul Miranda and Deepesh Sawant.