The Narcotics Control Bureau (NCB) on Tuesday arrested Rhea Chakraborty for alleged dealings in banned drugs, two weeks after the agency filed a criminal case against the actor and others.
In an FIR filed on August 26, the federal anti-drugs agency had booked the actor under various sections of the Narcotic Drugs and Psychotropic Substances Act (NDPS).
Rhea Chakraborty, her brother Showik Chakraborty, talent manager Jaya Saha, Sushant Singh Rajput’s former manager Shruti Modi and Gaurav Arya were named in the FIR registered under Sections 20, 22, 27 and 29 of the NDPS Act.
The alleged narcotics dealing links are connected to the criminal probe being conducted in the death of actor Sushant Singh Rajput, 34, who was found hanging at his duplex flat in Mumbai's Bandra area on June 14.
The NCB is the third federal investigative agency probing this case apart from the ED and the CBI.
Case against Rhea:
The ED, which is probing a money laundering angle into the death of Rajput, has questioned Rhea Chakraborty, and has obtained "deleted WhatsApp messages" allegedly indicating dealings in banned drugs from her phone.
Rhea has been questioned by the ED about these suspect drug deals and her statement on these allegations has been recorded by it under the Prevention of Money Laundering Act (PMLA), officials said.
Her lawyer Satish Manehsinde had vehemently denied the allegations made against the 28-year-old actor.
"Rhea has never consumed drugs in her life ever. She is ready for a blood test," Maneshinde had said.
The ED had shared these alleged drug links with the CBI too.
If convicted, here is how much jail time Rhea is facing in the drugs case:
Section 20 in NDPS Act, 1985 - Punishment for contravention in relation to cannabis plant and cannabis
Whoever, in contravention of any provisions of this Act or any rule or order made or condition of licence granted thereunder,
(a) cultivates any cannabis plant; or
(b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable 1[(i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees; and
(ii) where such contravention relates to sub-clause (b),
(A) and involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine, which may extend to ten thousand rupees, or with both;
(B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;
(C) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
Section 22 in NDPS Act, 1985 - Punishment for contravention in relation to psychotropic substances
*Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any psychotropic substance shall be punishable,
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both;
(b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
Section 27 in NDPS Act, 1985 - Punishment for consumption of any narcotic drug or psychotropic substance
*Whoever, consumes any narcotic drug or psychotropic substance shall be punishable,
(a) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both; and
(b) where the narcotic drug or psychotropic substance consumed is other than those specified in or under cluase (a), with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.
Section 29 in NDPS Act, 1985 - Punishment for abetment and criminal conspiracy
(1) Whoever abets, or is a party to a criminal conspiracy to commit an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence.
(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which
(a) would constitute an offence if committed within India; or
(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India.
