According to the latest reports, Showick, who remained in custody in the Office of Narcotics Control drug case that stemmed from the death case of Sushant Sing Rajput, has again requested bail citing a recent Supreme Court ruling.
Showik Chakraborty, Rhea Chakraborty’s brother files a new application for bail in the NDPS Special Court. #Mumbai
– ANI (@ANI) 1604726117000
In light of the Supreme Court ruling last month, which held that statements made to NCB officials cannot be considered “confessions,” Showik’s legal counsel has cited that there is no reason to keep the young woman from 24 years behind bars.
Since his arrest on 4 September, he has been denied bail by the special court and the Bombay High Court.
Reports state that Chakraborty’s attorney, Satish Maneshinde, has also noted that no drugs were recovered from his client’s possession and that the OCN’s only evidence was the statements of the co-defendants.
The statement stated that Showik’s statements cannot now be used as “evidence” after the SC ruled that NCB officers should be considered “police officers.” The reports went on to state that all statements recorded by the NCB, under Section 67 of the Narcotics and Psychotropic Substances Act (NDPS) cannot be considered confessions.
Under section 25 of the Indian Evidence Act, no confession made to a police officer will be proven against a person charged with any crime, he said.
“In light of the supreme court ruling, there has been an obvious change in circumstances that would warrant a new consideration for bail,” said the statement, filed through his attorney Satish Maneshinde.
In the request, Showik reiterated that he has been “falsely implicated” in the case.
The defendant has been registered under section 27 (A) mechanically and without application of mind, he said.
The allegation said that the pretrial detention requests produced thus far are completely silent regarding any allegation of criminal harboring as mentioned in Section 27A of the NDPS Act.
He claimed that the NCB case was silent on the amount of funding, the amount of drugs and the type of drugs allegedly purchased and funded by Showik.
The case of the investigative agency, in simple terms, is that Showik used to coordinate the delivery of drugs to the late Sushant Singh Rajput. In essence, his supposed role, if any, is to purchase a small amount of drugs for the deceased actor. Therefore, the accusations against him are bail in nature, the statement said.
He alleged that the investigative agency wove a false narrative that portrays Showik as someone who finances and buys drugs.
The matter is likely to be heard next week, Maneshinde said.
.
