Central Government moves SC to cancel the bail granted to Rhea Chakraborty

Centre has moved the Supreme Court challenging the Bombay High Court order granting bail to Rhea Chakraborty in a case registered by the NCB on allegations that she helped get drugs for late Bollywood actor Sushant Singh Rajput.

A Bench headed by Hon’ble Chief SA Bobde will most likely hear the plea on March 18.

On 07.10.2020, the Court had allowed the bail application filed by Dipesh Sawant, Samuel Miranda and Rhea Chakraborty, who the NCB arrested.

The police arrested Ms Chakrabortthy on 08.09.2020.

In the bail order, the Court had observed the following:-

  • Rhea did not procure the drugs, she did not earn any money from the same, and she doesn’t have any criminal antecedents.
  • The Court opined that she was not guilty of offences punishable u/s 27A, 24, and 19. Of the Act.
  • The Court further held that the Special Court denied the bail merely because it thought Chakraborthy might destroy evidence.

The Bench ruled that there was no basis for the judge’s observation that the accused might destroy evidence, and the investigating agency did not seek her custody when the accused was produced in Court.

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Hon’ble Court has directed that Chakraborthy should furnish a bond for an amount of Rupees 1 lakh and that she should mark her presence for ten days in the police station, and her passport should be handed over to the Special Court. The Court imposed similar conditions on the other accused as well.

Contentions raised by the accused:

The main contentions raised by the accused’s counsels were, a) no drugs were recovered from the accused. b) there is nothing to suggest that the accused consumed drugs. c) the Court should grant the bail as the quantity of the drug was small.

On the other hand, the counsel for NCB argued that contraband recovery was not necessary for sustaining offences under the NDPS Act. he further argued that hiding another person’s drug habit amounts to harbouring an offender.

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