Lawstreet Journal

Bombay HC States Giving Money to Another for Drugs Consumption Does Not Amount to “Financing” or “Harboring” Under Section 27 A of the NDPS Act, 1985 [READ ORDER]

Lawstreet Journal 9 Oct 2020 7:56pm

Image courtesy: Lawstreet Journal Judiciary Bombay HC States Giving Money to Another for Drugs Consumption Does Not Amount to “Financing” or “Harboring” Under Section 27 A of the NDPS Act, 1985 [READ ORDER]

While granting bail to Bollywood actress, Rhea Chakraborty, Bombay HC also interpreted the scope and meaning of Section 27 A of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985. This deals with offence of “financing illicit traffic and harboring offenders".

In this respect, Hon’ble Justice Sarang V Kotwal stated that when one person gives money to another for drug consumption this wouldn’t result in ‘financing’ or ‘harboring’ and offender under Section 27 A. in the case against Rhea Chakraborty relating to the SSR case, the NCB had contended the application of Section 27 A, alleging that the drugs purchased by her boyfriend SSR were paid by her. ASG Anil Singh, appearing for the NCB had also stated that since Chakraborty concealed the consumption of drugs by SSR, she was harboring an offender.

After analyzing the interpretation of Section 27 A, the arguments of the NCB were rejected. The Bench stated, “The activities mentioned in Section 2(viiia)(iii) and Section 8(c) refer to sale, purchase, export, import, etc... All these activities involve monetary transactions. For every sale or purchase, there can be a use of money.

But that will not mean that either of the parties has "financed" the transaction. Such sale and purchase are separately prohibited and made punishable under Section 8(c) read with Section 20 and other similar Sections. Therefore, "financing" is something more than just paying for the purchase and other activities involving contraband as defined under Section 8(c) Contravention of that Section and indulging in activities mentioned in Sections 20,… Continue Reading...

Tagged: Sushant Singh Rajput  
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