Mumbai: A special court under the Narcotic Drugs and Psychotropic Substances Act (NDPS) on Friday rejected the bail application filed by an accused Anuj Keshwani in the drugs case related to actor Sushant Singh Rajput which he had filed on the ground that the chargesheet was not filed within the stipulated time.
His plea said that chargesheet was not filed within 180 days of his arrest, as is required under the NDPS law when the quantity of drugs seized is claimed to be commercial quantity.
Keshwani’s advocate had argued that the court has also not taken cognizance of it. The Narcotics Control Bureau (NCB) had argued that the application is filed only on technicality as the chargesheet had been filed before the Sessions department and it is under scrutiny. Further, it said that the complaint is voluminous containing digital evidence such as chats, videos, mobile CDR and mobile tower locations of accused.
Special judge VV Vidwans said in his order that he has perused the report received from the Registrar (Sessions) and in the report states that as per office record, chargesheet has been filed be respondent on 5 March 2021 and received by the department and is under scrutiny.
Further, the court said that it is an admitted position that the physical chargesheet has not come before the court but as per the report of the department, it is received and is under scrutiny. Thus, it said, it is clear that the investigation in the case is completed within 180 days. It further said that indefeasible right in favour of the accused has not accrued merely on the ground that the chargesheet has not come before the court and the same has been filed and is under scrutiny. Taking cognizance is a judicial process, it said, which will take its own course.
Keshwani had been arrested on 7 September and was alleged to be a drug peddler. The NCB claimed to have recovered commercial quantities of drugs from him.
