Rhea Chakraborty released on Bail after one month in Judicial Custody

Rhea Chakraborty released on Bail after one month in Judicial Custody written by Sabareesh Pillay student of School of Law, University of Mumbai Thane Sub-Campus

Rhea Chakraborty Vs Union Of India

FACTS:

Rhea Chakraborty- the Applicant is a famous Bollywood actor and she was arrested by the Narcotics Crime Bureau along with several other persons which included her brother Showik Chakraborty and acquaintance Samuel Miranda. She was accused of facilitating, eliciting and harboring drugs for the Sushant Singh Rajput, a Bollywood actor as well, who committed suicide on June 15^th. Rhea has numerous accusations on her, one of which was playing a hand in the Sushant Singh Rajput’s Suicide. The applicant who was arrested before a month has had several Bail applications rejected. She denies all the allegations against her and Requests for bail at the Bombay High Court as she has complied with all the Investigation procedures.

ISSUE:

Section 8 (c) read with 20 (b) (ii), 22, 27A, 28, 29 and 30 of the Narcotics drugs and Psychotropic substances act, 1985 (NDPS ACT) 

APPLICANT CONTENTION:

The applicant Rhea Chakraborty contended that, the NCB had no further reason to conduct an investigation because the supreme court had transferred the case to the Central Bureau of Investigation (CBI). Further, the applicant said that there was no evidence of Procurement and facilitation of drugs against her as the NCB did not find any drugs at the applicant’s house and had no concrete evidence that she was facilitating the drugs to another person. The applicant submitted that there was no basis on the NCB’s contention that she was procuring drugs for Sushant Singh Rajput as he was financially independent and had no reason to procure drugs through the applicant.

RESPONDENT CONTENTION:

The respondent contended that Rhea Chakraborty along with her brother Showik Chakraborty were part of a nexus that was involved in procuring, facilitating and consumption of drugs. The Respondent Represented by the additional solicitor general stood firm on the contention that Rhea procured drugs for Sushant Singh Rajput and also harbored drugs for him. The applicant along with 20 others who were arrested are all a part of the drug nexus and the Applicant was actively giving instructions, making payments and procurement of drugs. Her acts fell within the definition of ‘financing’ and ‘harboring’ as mentioned under Section 27A of the NDPS Act.

JUDGEMENT:

The bench of Justice SV Kotwal of the Bombay High Court granted bail to Bollywood actress Rhea Chakraborty, in case registered under the Narcotics Drugs and Psychotropic Substances (NDPS) Act by the NCB. The court, however, rejected the bail application filed by Showik Chakraborty, who was also accused of NDPS offences by the NCB. The court while granting bail set stringent conditions on Rhea Chakraborty like 1 lakh Bail Bond, reporting to the Police station for 10 days and she is not allowed to leave the country.