Sushant Singh Rajput Case: Rhea Chakraborty Gets Bail from Bombay High Court with Stringent Conditions

(Judicial Quest News Network)

The Bombay High Court on Wednesday granted bail to film actor Rhea Chakraborty in the case registered by Narcotics Control Bureau (NCB) on that Rhea was an active member of the drug syndicate.

Rhea was arrested by NCB for allegedly having close links with the Bollywood-linked drug mafia. However, the NCB said that Rhea and Showik had not used the drugs and had provided them to Sushant.

In the bail Application it was contended that identical allegations had been cast upon all the accused, but section27A of NDPS Act, 1985 has been applied only on the present Applicant and her brother Showik without substantiation, the Present Applicant deserves to be enlarged o bail on the ground of parity as well.

“We are delighted by the order. Truth and Justice have prevailed and ultimately the submissions on facts and law have been accepted by Justice Sarang V Kotwal,” said Rhea Chakraborty’s lawyer Satish Maneshinde.

Rhea has been asked to submit 1 Lakh as bond and mark her presence daily at the nearest police station for 10 days after her release. She is also asked to hand over her pass port and cannot travel abroad without the court’s permission.

Rhea’s Advocate Satish Manishinde said that “The arrest and custody of his client (Rhea) was totally unwarranted and beyond the reach of law. The hounding and witch-hunt by three central agencies, the CBI, Enforcement Directorate and Narcotics Control Bureau should come to an end. We remain committed to truth. Satyameav Jayate,”

She was arrested on September 8 and was under custody ever since.

The Bench of Justice Sarang V Kotwal also allowed the bail application of Samuel Miranda and Dipesh Sawant, Domestic helps of Sushant Singh Rajput.

Though the additional solicitor general, Anil Singh, made a request for a stay on the order for a period of one week for the purpose of filing an appeal, the bench turned it down, observing that stringent conditions have been imposed to ensure that the applicants cooperate with the investigation.

All the accused were booked for offences under section 8©, 20(b)(ii), 22,27A, 28,29 of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1986 The main arguments raised by the lawyers for the accused- Advocate Taraq Sayed (for Parihar), Satih Manshinde (for Rhea and Sowik), Subodh Desai (for Miranda) and Rajesh Rathod (for Sawant- were as follows

•       No drugs have been recovered from the accused.

•       NCB has no case that the accused consumed drugs.

•       Rigour against the grant of bail under Section 37(1) NDPS Act no applicable in the case as the offence relate to small quantities.

•       The NCB wrongfully invoked the offence of ‘financing illicit trade’. The accused were only following the instructions of Sushant, and even as pr their case few grams of ganja were purchased for him. So, if Sushant, the Ultimate beneficiary, is only punishable for the offence relating to small quantity, the accused cannot be booked for a higher punishment (Section 27A is punishable with a minimum of 10 years imprisonment. Consumption of Drugs is punishable with a minimum of 6 months of imprisonment and maximum of one-year imprisonment. Even tis punishment can be avoided if the accused volunteers for rehabilitation under Section64A).

•       There is no question of ‘Harboring’ the accused as Sushant was in his house only and the accused were staying with him. The NCB, represented by Additional Solicitor General, submitted that recovery of contraband was not always necessary for sustaining NDPS offence. He argued if that a person conceals the drug consumption habit by another, that will amount to ‘harboring of the offender’. He further submitted that the court has to look into the objectives of the NDPS Act, which are to save the youth of the country from the menace of drugs. Drug offences are worse than murder, as they affect the entire society, he submitted.

It is also submitted in her bail Application that to understand the legislative intend behind section 27A of the NDPS Act, 1985, in order to understand as to how it is not applicable in the present facts and circumstances. Article 2 of the United Nations Convention against illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, which deals with the scope of the Convention, provides that, the purpose of this Convention is to promote co-operation among parties so that they may address more effectively the various aspects of illicit traffic in narcotic drugs and psychotropic substances having an international dimension.

The Court However, rejected the bail applications filed by Abdul Parihar and Showik Chakraborty, who are also accused of NDPS offences by the NCB.

Dipesh Sawant and Samuel Miranda have bee allowed bail subject to furnishing of a PR bond of Rs. 50,000/- each. Their passport is also directed to be impounded.