Experts divided whether mobile chats, usually treated as supportive electronic evidence, can be used to even make enquiries, let alone launch investigations
(From left) Witnesses Neeraj Singh, Siddharth Pithani and Keshav Bachner at the DRDO guesthouse in Santacruz on Wednesday. Pic/Sameer Markande
Three national agencies have been probing various angles in the aftermath of Sushant Singh Rajput's death and the main focus of the investigation has turned to an alleged drug cartel mentioned in actress and accused Rhea Chakraborty's WhatsApp chats. The question that has arisen is can chats serve as major evidence in a narcotics case?
"It is very difficult; chats are subsidiary evidence and can't be treated as main evidence. They can only be supportive. In narcotics cases, the main provision is finding drugs with the accused. The Narcotics Control Bureau (NCB) must have done a primary inquiry before registering the FIR. But if you base your case only on chats, the accused can say in court that they were having a casual chat and did not procure it," said Kishor Jadhav, who retired as DCP of the Anti Narcotics Cell. An NCB officer also acknowledged that this is the first time that they registered a case based on WhatsApp chats.
ADVERTISEMENT
Is even an enquiry possible?
Chakraborty's lawyer, Satish Maneshinde, questioned the FIR, saying, "Unless there is evidence about storing, possessing and sale of drugs, how can they even conduct an enquiry?"
Senior advocate Rizwan Merchant was of the view, "WhatsApp chats are admissible before the court as electronic evidence. Possession is not necessary. If you have a statement under Section 67 (Power to call for information, etc.) of the NDPS Act which discloses the commission of offence, it can be supported with the electronic evidence."
The Enforcement Directorate's letter to the NCB mentioned Chakraborty's conversations with Samuel Miranda and brother, Showik. Another conversation was with talent manager Jaya Saha as per which Saha allegedly delivered CBD (Cannabidiol-a chemical compound of Marijuana which is banned over a certain concentration) to Chakraborty. It was to be mixed in Sushant's coffee.
Also Read: Sushant Singh Rajput case: Narcotics Control Bureau detains drug dealer
NCB's probe so far
On Tuesday, a Bandra-based drug peddler Zaid Vilatra was detained by the NCB. Vilatra was allegedly in touch with other drug suppliers, Basit Parihar and Suryadeep Malhotra. Both Parihar and Malhotra are Showik's contacts. Based on the conversations among the alleged peddlers, Showmik and Miranda, an NCB officer said, "There is high possibility that Vilatra's reference was given to procure the contraband to Miranda, who called Vilatra thrice." Vilatra told the NCB that he was paid R10,000 in cash for over 5 grams of contraband to two people. The probe revealed that he and Miranda were at the same place on March 3. More money recovered from him, including in foreign currency, was revealed to be proceeds of drug peddling.
Keep scrolling to read more news
Catch up on all the latest Mumbai news, crime news, current affairs, and a complete guide from food to things to do and events across Mumbai. Also download the new mid-day Android and iOS apps to get latest updates.
Mid-Day is now on Telegram. Click here to join our channel (@middayinfomedialtd) and stay updated with the latest news
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
