The HC said there was no basis in the accusations by the Office of Narcotics Control (NCB) that Rea was “financing” or “trafficking” drugs. He did not agree that he would attract charges under the Narcotic Drugs and Psychotropic Substances Act (NDPS) for “spending money to purchase medications for Sushant.” She is not “part of a chain of drug traffickers”; no drugs were recovered from her possession or benefited from settlements, Judge Sarang Kotwal said.
“There is nothing at this time to show that he committed a crime related to the commercial quantity,” the judge said.
NCB’s attorney, Additional Attorney General Anil Singh, argued that “celebrities and role models must be treated harshly to set an example for the younger generation.” The court also rejected this suggestion, saying that celebrities did not enjoy special privileges under the law, so there was no reason why they should incur special responsibility.
However, the HC rejected Rhea’s brother Showik’s release on bail. In granting Rea bail, the HC ordered him to hand over his passport to the OCN. He said he could not leave the country without an assent from the NDPS court, which on September 11 had rejected his bail statement. You should also visit the NCB office once a month for an hour for the next six months.
There were five requests for bail, which Judge Sarang Kotwal had reserved for warrants. And it didn’t take long to hear them. Delivering them via video link, he first said that the bail requests of Abdel Parihar, a 23-year-old Bandra resident accused of being a street vendor, and Showik Chakraborty are “rejected.” palpable breath.
When the judge mentioned Rea and her application number, the silence was almost audible. She then said that Rea was ordered to be released on bail on 1 lakh rupee bail. At the request of her lawyer Satish Maneshinde, citing the pandemic situation, the HC allowed her to post a cash bond to ensure an immediate release from the Byculla women’s prison. The additional attorney general, Anil Singh, requested a suspension of his bond for one week so that the agency could file an appeal with the SC.
However, Judge Kotwal said: “I have imposed sufficiently strict bail conditions” and added one more that he has to, during the first 10 days, report daily at the nearest police station from 11 a.m. M. At 5 p. M. “To demonstrate your availability.” Bail for one brother and jail for the other may have left the Chakraborty family with mixed feelings. But the feeling of relief was dominant: shortly after the release order was signed, Maneshinde said: “He will spend the night after a month in his own home. bed. “When asked about her reaction to the order, she said,” Rhea was delighted to see me and said the truth has prevailed. “She had been released from jail at 5pm.
The court’s decision to grant Rhea bail was based on its observation that a distinction should be made between traffickers who benefited from the deals and those who are not “major offenders” in cases involving crime related to crimes. drugs
The judge agreed with the attorney for one of Rhea’s co-applicants, Abdel Parihar, that Section 27A (to finance illicit trafficking) of the NDPS Act, which attracts 10 to 20 years in prison, “should be interpreted harmoniously “to ensure that it curbs the drug cartels without severely punishing others who are not involved in the trade.
The judge said the interpretation of the law should not be at odds with a sentencing structure based on the quantity of drugs. The HC did not accept the NCB’s argument that giving drug supply money to actor Sushant Singh Rajput would attract Section 27A, which is generally invoked to “fund” drug deals.
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