NCB needs to challenge Rhea's bail order to assail Bombay HC's remarks: SC
- The NCB is not pressing against Rhea's bail grant, Solicitor General Tushar Mehta told SC
- The Bombay HC will make it very difficult for the NCB to prosecute and ensure conviction, Mehta said
- “You cannot challenge the bail order observations without challenging the bail order itself," the apex court said
The Narcotics Control Bureau (NCB) will have to challenge the Bombay High Court order of granting bail to actor Rhea Chakraborty in a drugs-related case if it wants to assail adverse remarks made in the judgement, the Supreme Court said on Thursday.
The NCB was not pressing against the grant of bail to Rhea, a bench headed by Chief Justice S A Bobde took note of the submission of Solicitor General Tushar Mehta, appearing for the anti-drugs agency, reports PTI.
The Bombay High Court made very “wide-ranging observations” about the Narcotics Drugs Psychotropic Substances (NDPS) Act, the SG said, adding that they will make it very difficult for the agency to prosecute and ensure conviction.
“You cannot challenge the bail order observations without challenging the bail order itself,” the bench, which also comprised of Justices A S Bopanna and V Ramasubramanian, said.
The NCB would amend the petition and challenge the bail order too, Tushar Mehta said, reports PTI.
Rhea was granted bail by the Bombay HC on October 7 last year and was directed to deposit a personal bond of Rs 1 lakh.
The high court had, meanwhile, rejected the bail plea of Rhea's brother, Showik Chakraborty, who was also accused in a drugs-related case, and alleged drug peddler Abdel Basit Parihar.
Rhea, her brother, and other accused in the drugs case were arrested in September last year by the NCB in connection with a probe into drugs angle related to the death of actor Sushant Singh Rajput. The 'Chichhore' actor, 34, was found dead at his Bandra apartment on June 14 last year.
The high court, while granting bail to Rhea and two others, directed them to deposit their passports with the NCB and not to leave the country without permission of the special NDPS court.
It had asked Rhea to visit the NCB office at 11 am on the first day of every month for six months.
All those who have been granted bail, including Rhea, will also have to seek permission of the NCB's investigating officer to go out of Mumbai, the court had said.