The Narcotics Control Bureau (NCB) has informed the Supreme Court that it is not challenging the bail granted to actor Rhea Chakraborty in connection with a drugs-related probe linked to the death of Sushant Singh Rajput, the film star. The NCB clarified that it is not opposing her bail, but it wishes to keep the question of law open regarding Section 27-A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The top court was hearing the NCB’s petition against the Bombay High Court’s decision to grant bail to Rhea Chakraborty, who was Sushant Singh Rajput’s girlfriend. The court acknowledged the change in the anti-drugs agency’s stand on her bail but made it clear that the High Court’s judgment should not set a precedent in any other case.
The NCB had charged Rhea Chakraborty under the stringent Section 27-A of the NDPS Act, which deals with “financing and harbouring illegal drug trafficking.” This section carries a maximum punishment of ten years’ imprisonment and prohibits bail, as mentioned in reports online.
However, the High Court ruled that merely paying for a drug transaction does not constitute financing drug trafficking. The court explained that the allegations against Rhea of spending money to procure drugs for Sushant Singh Rajput did not imply that she had financed illicit drug traffic.
The High Court also clarified that harbouring an offender under the Act involves providing both money for the person’s drug consumption and offering them shelter and food. As Rajput had no fear of arrest and Rhea was not involved in harbouring, the charge of harbouring did not apply in her case.
The High Court further stated that all offences under the NDPS Act are non-bailable. However, in Rhea Chakraborty’s case, since there was no evidence of financing or harbouring drugs or its consumers, Section 27-A could not be applied.
Sushant Singh Rajput was found dead in his apartment in Mumbai on June 14, 2020. Following a case of alleged abetment to suicide filed by Rajput’s parents against Rhea Chakraborty, a parallel investigation into alleged drug procurement by her began based on her WhatsApp chats.