NDPS grants bail to Kshitij Prasad; his advocate Satish Maneshinde says, " was arrested by the NCB in a bogus case"

MUMBAI: Kshitij Ravi Prasad, a former executive of Dharma Productions, was granted bail by the Special Narcotic Drugs and Psychotropic Substances (NDPS) court on Tuesday in connection with a drug case.

Advocate Satish Maneshinde, who represents Prasad said, "Kshitij Ravi Prasad was arrested by the NCB in a bogus case connecting him to CR No. 16 of 2020 relating to the investigations into the death of the late Sushant Singh Rajput on 26th September 2020, for an offence punishable under Sections 8(c) read with 20 (b) (ii) A, 27, 27A, 28 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985, despite the fact that there was NO recovery at his instance save and except a cigarette butt that was found in the corner of his open terrace. During his NCB custody, he was forced and coerced on many occasions by officers to name Karan Johar, Ranbir Kapoor, Arjun Rampal and other employees of Dharma Productions of being involved with drugs. As Kshitij did not know any of them, he refused to falsely implicate them and take their names. Kshitij narrated the details of these coercive tactics to both the Ld. Magistrate and the Hon’ble Special Judge and even filed a detailed statement highlighting the details thereof. Kshitij was remanded to judicial custody on 3rd October 2020. The after-effects of narrating the truth about the investigation was that he had to face untold miseries." 

"During the pendency of his Bail Application in CR No. 16 of 2020 and once the arguments had been concluded and the matter was ripe for Orders, Kshitij came to be arrested in another bogus case as he had refused to accede to the demands of the NCB, being CR No. 24 of 2020 on the 4th of November 2020 for an offence punishable under Sections 8(c) read with 20 (b) (ii) A, 27, 27A, 28 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985. The second case was related to the alleged seizure of 4 gms of cocaine from one Emeka, an African national on 9th/10th October 2020, when Kshitij was in judicial custody. The NCB arrested and showed Kshitij as connected with the alleged Emeka “giving” packets to one Ali who was working in the film industry and known to Kshitij, though Kshitij and Ali had barely been in touch since March 2020 due to the lockdown and had in fact had a professional falling out in May2020. There was no contact between Emeka and Kshitij or anyone else involved in the case. Ali was made to say that he picked up parcels from Emeka to deliver to Kshitij and that Kshitij consumed the drugs. No drugs were found in the blood of Kshitij. Later on, when the Supreme Court ruled that statements under Section 67 of the NDPS Act were inadmissible, a statement before a Magistrate of the said Ali was recorded on 5th November 2020. The said statement was in the process of being recorded during Kshitij’s Remand before another Magistrate in the same court premises, wherein the Learned Prosecutor sought custody of Kshitij by submitting that Ali is supporting the case of the prosecution in his statement before the Magistrate. It is clear that there was no evidence or material to arrest Kshitij in Crime No. 24 of 2020."

"On 26th November 2020, Kshitij was granted bail in CR No. 16 of 2020, but could not be released as he was still in judicial custody in CR No. 24 of 2020. 

The Complaint came to be filed by the NCB in CR No. 24 of 2020 on 9th December 2020. The Complaint does not contain any evidence against Kshitij. There is evidence against other persons who have neither been interrogated nor summoned, let alone been arrested. Such is the way the NCB is conducting its affairs. One can see that though Section 27A of the NDPS Act is not disclosed against anyone, the NCB has been using the draconian provision only with a view to keep innocent persons in custody for ulterior motives.

Now it is disclosed that there are two or three divisions in the NCB that are supporting one or the other defence lawyer to be engaged by arrested persons. Even the Special Public Prosecutor is under investigation. The entire NCB and the affairs of its Mumbai Unit is under a scanner of the Central Government and PMO. Will any citizen be safe under such officers who are obviously under scrutiny for misconduct? 

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Today, on 15th December 2020, Kshitij was granted bail in CR No. 24 of 2020 as well. During the course of the hearing the prosecution submitted that Section 27A was not made out against him nor was he connected to the WhatsApp communication relied upon by them in the Complaint. The detailed order is awaited, but as I always said, Satyamev Jayate."

In November, Prasad and African national Agisilaos Demetriades were remanded to 14-day judicial custody by a Mumbai court in connection with a second drug case related to the recovery of cocaine from a Nigerian national. He was recently arrested and sent to the Narcotics Control Bureau (NCB) custody in connection with a case involving the recovery of cocaine from a Nigerian national in Mumbai.

Prasad was on September 26 arrested by the NCB in connection with a drug case related to the death of actor Sushant Singh Rajput. 

The NCB had launched an investigation after it received official communication from the Enforcement Directorate (ED), which was investigating the money trail related to the death of actor Sushant Singh Rajput, who was found dead at his Bandra apartment on June 14. 

 SOURCE – E TIMES

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