[Rhea Bail Hearing-LIVE UPDATES] Bombay HC Hearing On Bail Application Of Rhea Chakraborty And Others In NDPS Case

Justice Kotwal observes that the 1999 constitution bench judgment of SC in 'State of Punjab vs Baldev Singh' clearly says that all the offences under Section 37 are non-bailalbe and that settles the debate.

ASG Anil Singh : Legislature was conscious that when NDPS applies, CrPC will not apply. So the provisions of CrPC regarding bailable offences will not apply. The NDPS offences are therefore non-bailable.

ASG Anil Singh : Murder or culpable homicide affect a family. These offences (drugs offences) affect the entire society. Youngsters are getting affected. The Court has to take into account these factors while interpreting the limitation on granting bail.

ASG Anil Singh : Court has to bear in mind the backdrop in which the provision has been made while interpreting it. The legislative intent has to be taken into account. SC has observed that the offences are worse than murder or culpable homicide. 

ASG Anil Singh : CrPC has no application to NDPS bail. Section 37 starts with a non-obstance clause.

ASG Anil Singh (for NCB) submits that arguments of the applicants regarding the interpretation of Section 37 are not correct.

Every offence under NDPS is non-bailable; the provision is clear on that : ASG.

Advocate Subodh Das, appearing for co-accused Samuel Marshal Miranda (Sushant's domestic help) says he adopts the arguments of Maneshinde.

Justice Kotwal again remarks that the non-application of Section 37 does not make the offences bailable.

Maneshinde : The amendment was to rationalize the punishments and to restrict the grant of bail to those indulging in serious offences.

Section 37 not applicable to small quantity.

".. it will be seen that the rigour of Section 37 placing restriction on granting bail, has been liberal making it dependent on the quantity of the contraband article found in possession of the offender" - Maneshinde (Rhea's lawyer) quotes from the precedent.