Mumbai, Nov 7 (PTI) Showik Chakraborty, arrested in a drugs case linked to actor Sushant Singh Rajput's death, has once again sought bail from a special court here, citing a recent Supreme Court order.
This is Showik's third attempt to seek bail since his arrest by the Narcotics Control Bureau (NCB) in September.
Earlier, the special court as well as the Bombay High Court had rejected his bail pleas.
In the application filed recently before the special court hearing cases related to the Narcotic Drugs and Psychotropic Substances (NDPS) Act, Showik relied on a recent apex court judgment, which says that 'confessional statements' made to the NCB officials cannot be considered as evidence.
'The Supreme Court, in its recent order rightly held that the officers who are invested with powers under section NDPS Act (pertaining to the current case) are police Officers within the meaning of section 25 of the Evidence Act. As a result, any confessional statement made to them cannot be taken into account in order to convict an accused under the NDPS Act,' Showik said in his plea.
As per section 25 of the Indian Evidence Act, no confession made to a police officer shall be proved as against a person accused of any offence, it said.
'In view of the apex court's judgment, there has been an obvious change in circumstance which would warrant a fresh consideration for bail,' the plea, filed through his advocate Satish Maneshinde, said.
In the application, Showik reiterated that he has been 'falsely implicated' in the case.
The accused has been booked under section 27(A) mechanically and without application of mind, it said.
The plea said that the remand applications produced thus far are completely silent as to any allegation of harbouring of offenders as mentioned under Section 27A of the NDPS Act.
It claimed the case of the NCB was silent on the amount of financing, quantum of drugs and type of drugs allegedly procured and financed by Showik.
The probe agency's case, in layman terms, is that Showik used to co-ordinate the delivery of drugs for the late Sushant Singh Rajput. In essence, his alleged role, if any, is the purchase of a small quantity of drugs for the late actor.
Hence, the allegations against him are is bailable in nature, the plea said.
It alleged that the probe agency spun a false narrative that portrays Showik as being someone who finances and procures drugs.
The matter is likely to be heard next week, Maneshinde said.
The agency has alleged said that actress Rhea Chakraborty and her brother Showik used to facilitate drug deliveries and payment through credit cards, cash and other payment gateways.
The NCB is probing multiple drug angles linked to Singh's death.
It began its investigation after the Enforcement Directorate (ED), which was probing money laundering charges linked to Rajput's death case, shared some social media chats retrieved from Rhea Chakrabortys mobile phone, hinting at the alleged use of banned drugs.
Rhea, who was also arrested by the NCB in September, was released on bail last month.
Rajput was found hanging at his residence in suburban Bandra on June 14, 2020. PTI AVI NP NP