[Rhea Bail Hearing-LIVE UPDATES] Bombay HC Hearing On Bail Application Of Rhea Chakraborty And Others In NDPS Case

Sateesh Maneshinde commences arguments for Rhea Chakraborty and Showik Chakraborty.

The moment you use the term 'illicit drug trade' it implies a tradeable quantity : Saeed.

Sayed refers to a judgment of Canadian Supreme Court which says that there cannot be 'illicit drug trade' in 'small quantity'.

Justice Kotwal says he does not agree with Sayed on the point that commercial quantity is relevant for the application of Section 27A NDPS Act.

Prosecution will have to show something more than Section 8(c) to attract Section 27A. But the concept of commercial quantity does not apply there : J Kotwal.

Justice Kotwal adds he is merely 'thinking aloud' and that these are his preliminary observations.

Justice Kotwal observes that mere harbouring of a person who is a drug addict will not amount to 'harbouring' under Section 27A. 'Harbouring' must be of a person who is in drug trade and not into mere consumption, the judge observes.

Sayed : 'Financing' means I am not there in the forefront. I am in the backdrop. It is different from regular trading. Therefore it is not included in Section 8(c) and is dealt separately in Section 27A.

Sayed argues that to attract the offence of 'financing' under Section 27A there has to be an element of profit-making.

Sayed : When we interpret the provision (Sec 37), sentencing structure of the offences are of importance.