Rhea Chakraborty’s bail order can’t be challenged on mere observations, SC tells NCB

New Delhi: The Supreme Court on Thursday told the Narcotics Control Bureau (NCB) that the anti-drugs agency cannot challenge Rhea Chakraborty’s bail order on mere High Court observations in a drugs-related case linked to the death of actor Sushant Singh Rajput in Mumbai.

A bench headed by Chief Justice S A Bobde and comprising Justices A S Bopanna and V Ramasubramanian was hearing the submissions of Solicitor General Tushar Mehta, on behalf of the NCB.

Challenging the October 2020 order of Bombay High Court granting bail to Chakraborty in cases registered against her under the Narcotics Drugs and Psychotropic Substances Act (NDPS Act), Mr Mehta said the high court made certain very “wide-ranging observations” about the Act and it would be very difficult for the agency to prosecute and ensure conviction.

“You cannot challenge the bail order observations without challenging the bail order itself,” said the bench.

Earlier, Rhea’s counsel had contended that the NCB lacked jurisdiction to probe the matter in view of the Supreme Court order of August 19 directing to hand over all investigations in the Rajput case to the CBI, and the offences under which the accused were nabbed by the NCB were bailable, and the charges under the NDPS Act Section 217A against the accused did not have supporting evidence. (UNI)