The
prosecution
was
justified
in
invoking
stringent
provisions
of
the
NDPS
Act
pertaining
to
illicit
trafficking
of
drugs
against
Karishma
Prakash,
a
special
court
here
observed
while
denying
pre-arrest
bail
to
the
manager
of
Bollywood
actress
Deepika
Padukone
in
a
drug
case
linked
to
the
death
of
actor
Sushant
Singh
Rajput.
The
special
NDPS
court
rejected
Prakash's
anticipatory
bail
plea
on
August
5
and
a
detailed
copy
of
the
order
was
made
available
on
Wednesday.
Her
lawyer
had
pleaded
that
no
prima
facie
material
was
brought
before
the
court
to
show
provisions
under
the
Narcotic
Drugs
and
Psychotropic
Substances
(NDPS)
Act
Section
27A
are
attracted
in
the
case.
Section
27(A)
of
NDPS
Act
provides
a
stringent
framework
for
punishing
offences
related
to
illicit
traffic
of
narcotic
drugs
and
psychotropic
substances
through
imprisonment
and
forfeiture
of
property.
Her
lawyer
had
argued
that
the
prosecution
has
also
not
shown
any
material
or
evidence
on
which
it
wants
to
rely
upon
to
justify
the
addition
of
the
section
during
hearing
of
her
anticipatory
bail
application.
However,
special
judge
V
V
Vidwans
said,
"Considering
the
prima
facie
material
and
evidence
on
record,
I
am
of
the
view
that
the
prosecution
was
justified
in
invoking
provisions
of
Section
27A
of
the
NDPS
Act
during
the
pendency
of
this
application." The
defence
had
vehemently
argued
that
the
only
evidence
against
the
applicant
was
statements
of
co-accused
persons
in
the
case.
The
same
would
not
be
admissible
in
view
of
a
law
laid
by
the
Supreme
Court,
Prakash's
lawyer
had
submitted.
But,
the
court
said,
"Though
statements
of
co-accused
would
not
be
admissible
as
evidence
during
the
trial
of
the
case,
it
can
be
considered
by
the
court
while
deciding
anticipatory
bail
application
at
the
stage
of
investigation
as
prima
facie
circumstance
on
record
and
material
against
the
applicant."
During
hearing
of
the
application,
Prakash's
lawyer
had
placed
before
that
court
a
mobile
phone
recording
to
show
"malafides"
on
part
of
the
prosecution
while
adding
section
27(A)
of
the
anti-drug
law.
However,
the
court
held
it
was
not
sufficient
for
accepting
the
contention
about
malafides
made
by
the
defence.
It
is
only
prima
facie
material
and
would
require
evidence
to
be
laid
for
proving
such
malafides
in
the
case
on
behalf
the
prosecution,
the
court
said.
"I
am
of
the
considered
view
that,
assuming
for
the
sake
of
arguments
that
there
exist
malafides
on
part
of
the
prosecution,
it
cannot
over-ride
the
merits
of
the
case...therefore,
anticipatory
bail
cannot
be
granted
to
the
applicant
merely
on
the
ground
that
malafides
exist,
as
has
been
tried
to
be
demonstrated
in
the
course
of
arguments
by
counsel
for
the
applicant,"
the
judge
said.
Fearing
arrest
in
the
drug-related
probe
into
the
death
of
Rajput,
Prakash
filed
an
anticipatory
bail
application
before
the
NDPS
court
in
October
last
year.
After
hearing
extensive
submissions
made
by
both
the
defence
and
prosecution,
the
judge
last
week
rejected
her
plea.
The
court,
however,
stayed
the
order
till
August
25
to
allow
Prakash
to
approach
the
Bombay
High
Court.
The
Narcotics
Control
Bureau
(NCB)
has
been
probing
alleged
nexus
between
drug
peddlers
and
Bollywood
celebrities
which
came
to
light
after
Rajput's
death
in
June
last
year.
The
CBI
is
separately
probing
the
case
of
Rajput's
death.
Prakash's
name
cropped
up
during
interrogation
of
one
of
the
arrested
drug
peddlers.
The
central
agency
has
so
far
arrested
more
than
20
people
as
part
of
its
investigation
into
the
drug
case.
Most
of
the
accused,
including
the
late
actor's
girlfriend
Rhea
Chakraborty,
are
out
on
bail
currently.