Dipesh Sawant, the home assist of late actor Sushant Singh Rajput, has moved the Bombay excessive courtroom (HC), looking for compensation of Rs10 lakh on the grounds that the Narcotics Control Bureau (NBC) had saved him in unlawful detention earlier than producing him in entrance of a metropolitan Justice of the Peace. Sawant, 25, has been accused of interacting with peddlers and accepting deliveries of contraband materials, allegedly on behalf of Rajput, for the late actor’s consumption.
“There is gross violation of fundamental rights of the petitioner by the NCB officials by not producing the petitioner to the nearest magistrate within 24 hours of taking into custody,” acknowledged Sawant’s petition.
A division bench of justice SS Shinde and justice MS Karnik has posted Sawant’s petition for listening to on November 6.
In the petition filed by way of advocates Aamir Koradia and Rajendra Rathod, Sawant has acknowledged that the NCB took him in custody from his Chembur residence on September 4, round 10pm. He, nevertheless, was produced earlier than a vacation Justice of the Peace 36 hours later, on September 6 round 1.30pm.
The petition provides that within the interregnum, one in every of co-accused within the case, Kaizan Ibrahim, was produced earlier than a Justice of the Peace on September 5, and was instantly granted bail by the Justice of the Peace.
Sawant, nevertheless, was not produced together with Ibrahim, and was as a substitute proven arrested on September 5 at 8pm.
Sawant has alleged that NCB saved him in unlawful detention for over 36 hours, which violated the mandate of Article 22 of the Constitution of India. Besides, Sawant has additionally alleged that the company intimated his brother Vivek about his arrest solely on September 6 at 11.40am, thereby violating the rules laid down by the Supreme Court within the DK Basu judgment, pertaining to the rules on detention.
Apart from the allegation of unlawful detention and breach if Supreme Court tips, 25-year-old Sawant additionally claimed that each one the offences for which he has been charged have been bailable, having purportedly concerned small amount of medicine.
However, this floor had been negated by a single decide bench of the HC earlier. While granting bail to Sawant and a few others arrested by NCB, the only decide held that each one offences underneath the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, have been non-bailable.
Sawant is charged underneath sections 8(c) with 20(b)(ii) (produce, manufacture, possess, promote, buy, transport, ware-house, use, devour, import, export of hashish apart from ganja), 23 (import, export or trans-shipment of contraband materials), 29 (abetment) and 30 (preparation for offences punishable underneath sections 15 to 25) of the NDPS Act.
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