19 Mar 2021: Cannot challenge HC's observations: SC tells NCB in Rhea's case
The Supreme Court on Thursday told the Narcotics Control Bureau (NCB) that it can file a plea against the order of Bombay High Court, but not argue on the observations made by the lower court.
The apex court made these comments in connection to actress Rhea Chakraborty's bail.
She was granted bail last year after being arrested by NCB.
Here are more details.
Details: NCB objected to HC's observations, not the bail order
Solicitor General Tushar Mehta and Additional Solicitor General SV Raju argued for an appeal against the bail.
"We are not here on the grant of bail. But there are certain observations made by the High Court in the order regarding the applicability of the NDPS Act that could make the law unworkable," Mehta told the bench headed by Chief Justice SA Bobde.
Quote: You cannot file a petition challenging the observations: SC
The bench, which also comprised Justices AS Bopanna and V Ramasubramanian, commented that NCB could not challenge the observations.
"You cannot file a petition challenging the observations. You can only challenge the order. The observations are prima facie. The observations are made in the facts of the case," the bench clarified.
Thereafter, Mehta sought permission to amend NCB's petition.
Fact: SC adjourned the matter on Mehta's request
"Let this matter be heard next week. We will amend the petition and challenge the High Court order," Mehta said. Thereafter, the apex court adjourned the matter.
Bail: Chakraborty was granted bail after one month in prison
Chakraborty was granted bail on October 8, after spending a month in prison.
Granting her bail, HC had said, "She is not part of drug dealers." HC added that she hadn't passed on the drugs allegedly procured by her to somebody else.
The court noted Chakraborty has no past criminal records, hence, it has no reason to believe she'll commit any offense on bail.
Information: What was Chakraborty accused of?
Chakraborty was in a relationship with late actor Sushant Singh Rajput, who was found dead at his home last June.
SSR's family had accused Chakraborty of abetting his alleged suicide and money laundering.
She was also charged with procuring drugs under the NDPS Act.
Her brother Showik also faced similar allegations and was arrested by the NCB. Showik was granted bail in December.