Actress Rhea Chakraborty’s brother Showik, who has been arrested in the 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.
According to PTI, Showik Chakraborty’s bail pleas have earlier been rejected by the special court as well as the Bombay High Court.
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.
According to PTI, “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.
Showik Chakraborty has sought bail from a special court here, citing a recent Supreme Court order. This is his third attempt.