Her attorney, Satish Maneshinde, alleged that the serious “Funding of Illicit Traffic and Housing” offense under Section 27A of the NDPS Act applies only to commercial and not small quantities of drugs. He added that the offense was a punishable offense because no drugs were found in their possession and the allegations, if any, were low in number.
The Narcotics Control Bureau (NCB) had registered one case and arrested 16 people so far, including the siblings.
The NCB claimed that Rhea was a member of a “drug consortium”
Rhea was arrested on September 8 and is currently in Byculla Women’s Prison in Mumbai.
Her attorney said if the case in which the brother-sister duo was arrested is related to Rajput’s death, it should be referred to the Central Bureau of Investigation (CBI).
“Based on the Supreme Court ruling that transferred the (death) case to the CBI, all future cases should also go to the CBI,” he said, adding that “according to a 1988 Official Gazette, the CBI is empowered to Investigate drug cases under the Narcotics and Psychiatric Drugs Substances Act (NDPS). Therefore, the investigation conducted so far is illegal. ”
The Drugs Act was amended in 1989 to introduce Section 27A, which carries a heavy sentence of 10 to 20 years in prison. Maneshinde said a change was made to introduce stricter regulations since India signed the 1988 UN Convention against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances to curb international trafficking in narcotic drugs.
Parliament had amended various sections of the NDPS to make them tougher, and in 2001 streamlined punishment by relating it to the amount of drugs.
Such a strict section could never apply to the facts against the siblings, and there was no known case of a serious crime, he said.
The court brought the matter up for a hearing on September 29th. It also asked the additional Attorney General Anil Singh, representing the NCB, and the petitioners’ lawyers to explain the legal issues in detail.
Rhea was Rajput’s girlfriend and said she last saw him alive on June 8 when he asked her to leave his Bandra residence “before his sister arrived”.
She gave details of how she met Rajput and how he called her brother on June 10th to inquire about her well-being.
“This made it clear that he did not want her to return to his house, as always when he asked her to leave, he always asked her to come back,” her petition said. She added that she was “devastated” to learn from mutual friends of Sushant’s death on June 14th.
“None of the associated defendants were found remotely in possession of anything other than a small amount,” the actor’s bail stated.