'In low-profile cases, if there's a small quantity (of drugs involved), you get bail on the first day.'
'In high-profile cases, it depends on the judge.'
What will happen to Rhea Chakraboty after her arrest by the Narcotics Control Bureau?
Will she get bail?
Advocate Ayaz Khan, who handled the high-profile case of actor Fardeen Khan when he was held by the NCB for being in possession of drugs in May 2001, gives the answers.
"If it is a small quantity, then it is bailable. For non-commercial quantity, the accused can apply for bail. If it is a commercial quantity then you have to show, prima facie, that you are not guilty," Khan tells Rediff.com's Syed Firdaus Ashraf.
What happens in cases as the one in which Rhea Chakraborty has been arrested?
It depends on the quantity and substance. Whether it is for commercial purpose or not, or whether it is a very small quantity.
If it is a small quantity, then it is bailable. For non-commercial quantity, the case comes to the trial court and sessions court where the accused can apply for bail.
If it is a commercial quantity then you have to show, prima facie, that you are not guilty.
In terms of quantity of drugs, can you specify what it would be for a conviction?
Every drug has different measures of small quantity and commercial quantity.
There is a big chart under the NDPS (Narcotic Drugs and Psychotropic Substances) Act 1985.
There are more than 240 drugs and substances listed there.
Is it easy to get bail in such cases?
If it is a small quantity, then it is bailable.
If it is not small, then intermediate (bail), and if less than commercial, then it takes approximately 20 days to a month to get bail.
If it is commercial, then you have to show prima facie that you are not guilty.
What happens when a case is this high-profile?
The more the (quantity of the) drug, the (more) high-profile is the case and bigger the problems.
And what about low-profile cases?
In low-profile cases, if there's a small quantity, you get bail on the first day.
If it is non-commercial, then it takes 15 to 20 days.
In high-profile cases, it depends on the judge.
What do you think of the case against Rhea?
I don't know the facts of the case.
Any case involving a Bollywood actor that you have handled?
When actor Fardeen Khan was found with a small quantity (of drugs) he was granted bail on the first day.
Did Fardeen not spend a single day in jail?
No, he did not go to jail. From NCB custody he went straight to his home.
And what about the accused being sent to rehabilitation centres, etc?
That comes at a later stage.
