Today, the Bombay High Court has pronounced its verdict on the bail applications of Rhea Chakraborty, Showik (brother), Abdel Parihar, Dipesh Sawant and Samuel Miranda in the case against them under lodged under Narcotics Drugs And Psychotropic Substances Act (N.D.P.S.).
The allegation is for procuring drugs for Sushant Singh Rajput and being part of a drug cartel.
Court has granted bail to Rhea Chakraborty but her brother- showik’s bail has been denied. Court has directed that Rhea Chakraborty will submit her passport and other conditions laid down by the t.
The Court while granting bail to Rhea Chakraborty observed that the allegations and material against Rhea Chakraborty are that on some occasions she had used her own money in procuring drugs. She facilitated procuring of drugs through her brother. For that purpose employees of Sushant Singh Rajput were also used. But this acts would not fall under Section 27A of the NDPS Act.
Further, the Court observed that the investigation did not reveal any recovery either from the Applicant or from the house of Sushant Singh Rajput. It is the case of NCB that the drugs were already consumed and hence there was no recovery. In that case, there is nothing at this stage to show that the Applicant had committed any offence involving a commercial quantity of contraband.
Conditions of Grant of Bail Imposed by Court:
- Rhea Chakraborty has been directed to be released on bail on her furnishing PR bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with one or two sureties in the like amount.
- The Applicant shall deposit her passport with the investigating agency.
- She will not leave the country without prior permission from the Special Judge for NDPS at Greater Mumbai.
- If the Applicant has to go out of Greater Mumbai, she shall inform the Investigating Officer; and shall give her itinerary to the Investigating Officer in advance.
- The Applicant shall attend the office of investigating agency on first Monday of every month between 10:00 a.m. to 11:00 a.m. to mark her presence, for a period of six months.
- Further the Applicant shall attend all the dates in the Court unless prevented by any reasonable cause.
- The Applicant shall not tamper with the evidence or investigation of the case.
Yesterday a special court extended the Judicial Custody of Rhea Chakraborty and other accused till 20 October 2020
Hon’ble Justice S.V Kotwal has given his verdict on bail. The Order was reserved on 29 September 2020, after full day hearing before the court.
Rhea Chakraborty and other accused have been booked under section 8 (c) r/w Sections Sections 20(b)(ii)(a), 27A, 22, 29, 28 and 30 of N.D.P.S. Act.
N.C.B. had arrested Rhea Chakraborty on 8 September and labelled her as an “active member of a drug syndicate” . N.C.B. Officials invoked Section 27-A of N.D.P.S. Act against Rhea Chakraborty and her brother alleging that both have financed and procured drug for others.
Earlier on 11 September 2020, the Sessions Court denied bail to all the accused including Rhea Chakraborty. Being aggrieved by the same, they approached the Bombay High Court.
Rhea Chakraborty’s lawyer Satish Maneshinde submitted that Rhea was in a relationship with Sushant till 8 June 2020.
In the bail petition, Rhea Chakraborty alleged that Sushant Singh Rajput was habitual of drug and took advantage of her links to fulfil it. It was further alleged that the action against Rhea Chakraborty and her brother is nothing but a witch hunt.
It was further stated in the Bail Application that Sushant Singh Rajput was diagnosed with bipolar disorder which led to depression. Further, during lockdown amid COVID-19, his mental health deteriorated.
Further, it was also claimed that the death of Actors Rishi Kapoor and Irfan Khan caused a massive impact on him.
Counsel for Rhea Chakraborty argued that the charges levelled against her are too severe in comparison to the quantity of drugs involved. It was alleged that N.C.B. has made her a scapegoat, and a false theory has been created around her.
Title- Rhea Chakraborty vs Union of India and Another
Date of Order: 07.10.2020
Coram: HON’BLE SHRI JUSTICE S. V. KOTWAL
Advocate of Petitioner: Anandini Fernandes