Showik Chakraborty was arrested in September in Bollywood drugs case.
Actor Rhea Chakraborty's brother Showik, who was arrested in September in a drugs probe linked to Sushant Singh Rajput death, was granted bail last week after a special court in Mumbai said it has to "see there are reasonable grounds for believing that (the) accused is not guilty". His bail was rejected twice earlier.
Nearly a month after the Bombay High Court said that there's enough evidence to suggest Showik Chakraborty, 24, is part of a chain of drug dealers engaged in the trafficking of banned substances, the Special Court for Narcotic Drugs and Psychotropic Substances (NDPS) - in a detailed bail order - underlined that "there is no factual foundation for an allegation" that he "committed an offence under Section 27A of the Act". Section 27-A of the NDPS Act deals with financing illicit traffic of drugs and harbouring offenders, and attracts a jail term of 10-20 years.
Citing a ruling by the Supreme Court, Mr Chakraborty had moved the special court, saying there was no seizure of drugs from his possession and the case against him is solely based on the statements recorded by the Narcotics Control Bureau, which have been termed inadmissible as evidence by the top court.
Mr Chakarborty, a student, was arrested for allegedly procuring drugs for Bollywood actor Sushant Singh Rajput, found dead at his Mumbai home in June. Rhea Chakraborty, the 34-year-old actor's girlfriend, has been under scanner of three central probe agencies - the CBI, Enforcement Directorate, the NCB - after being accused by Mr Rajput's family of living off him and driving him to suicide.
Her brother walked out of jail, three months after being arrested, after the special court observed: "There is no allegation that the petitioner indulged in financing, directly or indirectly, any of the alleged activities. There is also no allegation that the petitioner has harboured any person engaged in such activities."
The court also noted that the NCB admitted Mr Chakraborty was "arrested on the basis of statement" of one of the co-accused in the drugs case. An NCB official "admitted that there is no recovery of any contraband from the possession of applicant," the bail order reads.
Sale of narcotic drug on credit is different from financing the activity of sale of a narcotic drug, the court order underlines, while shedding light on the term - financing of drugs.
"The applicant is entitled for bail on the principle of parity. Applicant is young boy. He is student. His antecedents are clear and he is ready to abide by the conditions if any imposed by the Court. Hence, he prayed to release the applicant on bail," the court noted.
Rhea Chakraborty, who was also arrested in September, was released on bail in October. The special court's order highlights observations made by the Bombay High Court while granting her bail, which also mentions Section 27-A of the NDPS Act.
The anti-drugs agency has repeatedly said that the brother-sister duo had bought drugs not for their own use but to supply them to Mr Rajput, which is "a more serious offense" related to the funding of drugs. The NCB called Ms Chakraborty, 28, "an active member of a drugs syndicate".