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"NCB Has No Jurisdiction, Only CBI Can Investigate As Per SC Order"; Rhea Chakraborty's Lawyer Argues, Bombay HC To Hear Bail Pleas Of All Accused Together

Nitish Kashyap
24 Sep 2020 1:36 PM GMT
NCB Has No Jurisdiction, Only CBI Can Investigate As Per SC Order; Rhea Chakrabortys Lawyer Argues, Bombay HC To Hear Bail Pleas Of All Accused Together
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The Bombay High Court will be hearing bail applications filed by actor Rhea Chakraborty and her brother Showik Chakraborty along with other accused in the Sushant Singh Rajput death case namely Samuel Miranda, Dipesh Sawant and Abdel Parihar on September 29.Justice Sarang Kotwal heard the bail applications filed by Rhea and Showik via video conferencing. At the outset, Narcotic Control...

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The Bombay High Court will be hearing bail applications filed by actor Rhea Chakraborty and her brother Showik Chakraborty along with other accused in the Sushant Singh Rajput death case namely Samuel Miranda, Dipesh Sawant and Abdel Parihar on September 29.

Justice Sarang Kotwal heard the bail applications filed by Rhea and Showik via video conferencing. At the outset, Narcotic Control Bureau's counsel Additional Solicitor General Anil Singh submitted that he had not been served a copy of the bail applications. Advocate Satish Maneshinde responded saying I have served NCB twice but I can serve them again.

ASG Anil Singh sought time to go through the applications and asked the matter to be listed along with the bail application hearing of other accused in the case Abdel Parihar, Samuel Miranda and Dipesh Sawant on September 29.

Advocate Maneshinde went on to submit that NCB's investigation in the case is without jurisdiction. Citing the Supreme Court's order allowing transfer of investigation to the Central Bureau Of Investigation, Maneshinde argued that the Central agency is empowered to investigate cases under the Narcotics Drugs & Psychotropic Substances Act and in light of the apex Court's order, CBI not NCB can investigate. Maneshinde said-

"SC order states that all investigations in the Sushant Singh Rajput death case stand transferred to CBI for investigation. So NCB cannot investigate.

Moreover, as far Section 27A is concerned, there is an embargo in terms of commercial quantity and small quantity. As your lordship pointed out in the last hearing (bail hearing of other accused) embargo under Section 37 will be applicable."

ASG Anil Singh said he will file an affidavit replying to all the contentions that have been raised.

Justice Kotwal had previously asked counsel for Abdel Parihar, Samuel Miranda and Dipesh Sawant as well as Additional Solicitor General Anil Singh, to come prepared to argue the matter extensively on the next hearing and specifically justify the applicability of Section 27A of the Narcotic Drugs & Psychotropic Substances Act.

Justice Kotwal asked Advocate Maneshinde to serve NCB again physically and to apprise the Court in the next hearing whether offences the applicants have been charged under are bailable or non-bailable under NDPS Act.

Addressing the ASG, Court said-

"There are various issues in this case, you will have to address the Court on points of law one by one."

The matter will now be heard on September 29 along with the bail applications of other accused in the case.

Rhea Chakaraborty filed an application for bail after her judicial custody was extended till October 6 by the sessions court. In her bail application, the 28-year-old actor has made fresh allegations against Sushant Sing Rajput's family members and stated that from the evidence collected by the investigating agencies, it is clear that he was the only consumer of drugs and he used others around him to facilitate his drug habit.

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