(Eds: Adds court's observations)
Mumbai, Oct 7 (PTI) The Bombay High Court on Wednesday
granted bail to actress Rhea Chakraborty in a drugs case in
actor Sushant Singh Rajput's death, but with strict conditions
including to appear before Mumbai Police for 10 days and
before the NCB once in a month for next six months.
It also directed her to submit a personal bond of Rs 1
lakh and not to tamper with evidence while out on bail.
A bench of Justice Sarang Kotwal also granted bail to
Rajput's aides Dipesh Sawant and Samuel Miranda, but rejected
the bail plea of Rhea' brother Showik Chakraborty, who is also
an accused in the case being probed by the Narcotics Control
Bureau (NCB).
The court also rejected the bail plea of alleged drug
peddler Abdel Basit Parihar.
All these accused were arrested by the NCB last month.
The court said Rhea Chakraborty could not be said to
have financed or harboured illicit drug trafficking as alleged
by the central agency.
The court also observed that she did not have any
criminal antecedents, and it was unlikely that she could
affect the probe or tamper with evidence while out on bail.
The HC, however, said it was imposing "sufficient
stringent conditions" on her bail.
It directed her not to tamper evidence or interfere
with the NCB's probe. It said Rhea will have to visit the
nearest police station everyday at 11 am for the first 10 days
after her release from judicial custody.
The court also directed her to appear before the NCB
on the first day of every month for the next six months.
Rhea also can't leave Mumbai without the NCB's
permission and without giving her itinerary for such travel to
the central agency.
For travelling outside the country, she will need
permission from special judge of the NDPS court here, it said.
The NCB has charged Rhea under the stringent Section
27-A of the Narcotic Drugs and Psychotropic Substances (NDPS)
Act that pertains to the offence of financing andd harbouring
illegal drug trafficking.
The section entails imprisonment up to 10 years and
also has a bar on the grant of bail.
The HC said simply paying for a particular drug
transaction does not qualify as financing (illicit drug
traffic), as described under the Act.
"The allegations against the applicant of spending
money in procuring drugs for Sushant Singh Rajput will not,
therefore, mean that she had financed illicit traffic," the
court said.
It also noted that harbouring an offender as described
under the Act would mean providing money for that person's
drug consumption, while also giving him shelter and food.
Rajput, however, had no apprehension of his arrest and
therefore, the charge of harbouring too could not be applied
in the present case, it said.
The court also dismissed the NCB's argument that
Rhea's bail be rejected to send out a strong message to the
society.
The NCB, through Additional Solicitor General (ASG)
Anil Singh, had told the HC that a strong message needed to be
sent out to the society, particularly youngsters, to ensure
they did not consume drugs.
"The learned ASG had argued that celebrities and role
models should be treated harshly so that it sets an example
for the young generation and they do not get encouraged to
commit such offences. I do not agree," Justice Kotwal said.
"Everybody is equal before law. No celebrity or role
model enjoys any special privilege before the court of law.
Similarly, such person also does not incur any special
liability when he faces law in the courts," he said.
"Each case will have to be decided on its own merits
irrespective of the status of the accused," the judge said.
The HC, however, rejected the bail plea of Rhea's
brother Showik, noting that he "appears to be a part of the
chain" and his case would have to be distinguished from that
of a consumer or an end purchaser.
"The applicant (Showik) was facilitating procurement
of drugs from one party for supplying them to Sushant Singh
Rajput. He was clearly involved in illicit trafficking or
illegal trade of drugs," the court said in its order.
It noted that the investigation in the case is at a
preliminary stage.
"The applicant appears to be an important link in the
chain of drug dealers. He was in touch with different dealers.
He had monetary transactions with the," the court said.
Justice Kotwal refused to accept Showiks advocate
Satish Maneshindes contention that the NCB does not have the
jurisdiction to probe the matter as the case pertains to the
death of Rajput and hence, the probe needs to be carried out
by the Central Bureau of Investigation (CBI).
Justice Kotwal also dealt with certain aspects of the
NDPS Act that were contested during the bail hearings in the
case.
He held that a detailed interpretation of the Act and
previous jugdements of the Supreme Court showed that all
offences under the Act were non-bailable.
He also held that a prosecuting agency could apply
Section 27-A of the NDPS Act in a case even if commercial
quantity of drugs were not involved.
However, in Rhea's case, since there was no financing
or harbouring (of drugs or its consumers), Section 27-A could
not be applied, the HC said.
The court also granted bail to Rajput's aides Samuel
Miranda and Dipesh Sawant, saying they had simply procured or
collected the delivery of drugs on directions of Rajput or
Rhea.
Rhea's lawyer Satish Maneshinde said they were are
delighted by the high court order.
"Truth and justice have prevailed and ultimately the
submissions on facts and law have been accepted by Justice
Sarang V Kotwal," he said.
The arrest and custody of Rhea was "totally
unwarranted and beyond the reach of law", Maneshinde said.
"The hounding and witch-hunt by three central
agencies--the CBI, ED and NCB --of Rhea should come to an end.
We remain committed to truth," he said.
Rajput, 34, was found hanging at his apartment in
suburban Bandra on June 14 this year.
Meanwhile, Mumbai Police asked mediapersons not to
chase, intervene or stop the vehicle of Rhea Chakraborty or
any other person after their release from jail.
"It is a danger to the safety and security of the
person himself, the person whom he or she is following and
people who are driving vehicles on road," an official said.
DCP (Zone-I) Sangramsingh Nishandar told reporters
that stern action will be taken against those who instigate
their drivers to chase or stop the vehicles of the accused.
Rhea was lodged in the Byculla women's jail here
following her arrest. PTI AYA SP DC VT
GK GK