ASG(for NCB) states that Samuel Miranda(Sushant's domestic help) used to procure weed for Sushant Singh Rajput.
Justice Kotwal : Saeed( had argued that the man (Sushant) is no more and there is no recovery and therefore the Section 67 statements cannot be recovered.
ASG Anil Singh (NCB lawyer) : In drug cases, recovery is not necessary. There are precedents.
ASG (for NCB) submits that quantity is irrelevant for Section 27A. The test for Section 27A is that person is involved directly or indirectly in financing of "illicit traffic.
Section 27A : Punishment for financing illicit traffic and harbouring offenders.—Whoever indulges in financing, directly or indirectly.10 to twenty years in jail and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees
NCB lawyer: Voluntary statements for Rhea & Showik that they have been making payments for purchase of prohibited drugs for Sushant. Therefore, they directly fall within the scope of sale, purchase, shipment of drugs
Justice Kotwal : So a person who actually purchases gets lesser punishment (under Sec 8(c)) and a person who pays money gets higher punishment (under Sec 27A). What logic is that?
Somebody lends you money for purchasing drugs for you. And the one who advanced the loan gets 10 years and the one who purchased gets only one year!
ASG (for NCB) : If somebody known to me is consuming drugs...consumption is illegal..and I am not telling this to anyone...not disclosing it to police...then it can be brought under the definition of 'harboring'(under Sec 27A). Such an act is giving protection or shelter to the drug consumer from arrest.
Justice Kotwal : You are saying non-disclosure is giving shelter?
ASG : The definition says 'assistance by any means'.
ASG (for NCB) : If I as a celebrity, who is a role model for college students, consume drugs, what will be the future of the country?
Saeed : The cases cited by the ASG relate to commercial quantity.19 people have been arrested in this case and not even 100 grams of ganja have been recovered. And you want to send a message to the society?
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