A total of 36 points have been given in this order of the court, on the basis of which the accused were not granted bail. The main points written in this order copy are as follows-
Referring to the case of Sauvik and Riya Chakraborty
In this order copy of the court, some drug peddlers have also been discussed during the investigation of Riya Chakraborty, her brother Shauvik and Sushant Singh Rajput from whom commercial quantities of drugs were recovered. In this copy, referring to Sauvik Chakraborty, it has been told that no drugs were recovered from him, but he was not granted bail by the High Court due to his connections with drug peddlers. The court has said that Sauvik had connections with different drug dealers and has also been said to have money transactions with them. Referring to Sauvik, big drug peddlers like Kaizaan Ibrahim and Anuj Keswani are also mentioned and it is said that there is a mention of seizure of drugs in commercial quantity from Anuj. The same case has been compared with the Cruise Drugs case and it has been said that in the present case also, commercial quantity MD (0.54 g) has been recovered from accused No. 9, who transported drugs to other accused. Referring to the Sauvik Chakraborty case, the court said that the accused arrested in this case are part of the conspiracy and all are responsible for the entire drugs recovered and every accused cannot be seen in isolation from each other. Riya Chakraborty is also mentioned in this copy of the court. Riya’s offense has been declared non-bailable under the NDPC Act. Along with this, the grounds for getting bail have also been mentioned.
fear of tampering with evidence
Considering the gravity and importance of the crime, the evidence can be tampered with in this case, so it is necessary to take care of this factor related to the case to release the accused on bail.
Information can be obtained only from accused number 1
In this copy, referring to the WhatsApp chats of accused number 1, he has been described as influential and domineering. He has also been said to be involved in illegal drugs activity on the basis of WhatsApp. Describing the accused number 1 as a status quo, it has been said that if he is released on bail, he can destroy the evidence. The respondent alleges that the accused have connections with foreign nationals and other drug dealers who have links with the International Drugs Network, for which investigation is still going on. If any of the accused is released, the entire investigation may suffer. The court has observed that during interrogation, accused No. 1 did not reveal the names of those people and only accused No. 1 is the only person who can give information about those people. The ASG in its plea has said that under these circumstances, if accused No. 1 is granted bail, there is every chance of tampering with the evidence.
Can commit such crimes even after bail
WhatsApp chats reveal that accused No. 1 is regularly involved in illegal drug activities. Therefore, it cannot be said that after being released on bail, he will not commit such offenses again.
NPDS Act 29 implemented
Describing the offense of accused No. 1 and 3 as serious, it is not fit for Bell. On the basis of the evidence received from them, NPDS Act 29 should be applicable to these accused. Therefore, strict section 37 of the NDPS Act is applicable to them.
Accused number 1, 2 and 3’s bail plea rejected
In view of the evidence available in this case, there is no reasonable ground that the accused No. 1, 2 and 3 should not have committed the offense and they cannot commit such offense again on bail. Keeping in view all these reasons, the bail application of accused number 1, 2 and 3 is rejected.
However, as soon as the copy of the order in the drugs case was received from the sessions court, Aryan’s lawyers have filed an appeal in the Bombay High Court against the dismissal of the bail plea. It is said that the matter will be put up for hearing on Thursday before the bench of Justice Nitin Sambre in the High Court.