[Rhea Bail Hearing-LIVE UPDATES] Bombay HC Hearing On Bail Application Of Rhea Chakraborty And Others In NDPS Case
ASG (for NCB) : Considering the brutality of the case & overall circumstances of cases, drug abuse has to be controlled in the country, in all sectors - college, school, Bollywood, wherever it is. Our leaders always say country is dependent on youngsters.
ASG (for NCB) cites precedents stating that at the stage of bail hearing evidence cannot be discarded.
ASG (for NCB) : It is settled law that accused cannot have a choice in which agency should investigate the case. CBI has not come forward saying they want to investigate this case.
ASG (for NCB) : Death of Sushant Singh was the only issue before the Supreme Court. Is there any bar on the NCB to investigate a case in which to some extent the involvement of Sushant Singh is there?
ASG(for NCB) responding to the argument that NCB has no jurisdiction - SC order transferring probe to CBI is only related to the unnatural death of Sushant Singh. This case is not connected to the death of Sushant Singh.
ASG (for NCB) : Section 29 on conspiracy will also apply. Conspiracy is not just about one transaction. The conspiracy behind the entire case has to be seen.
ASG (for NCB) : Such an act is giving protection or shelter to the drug consumer from arrest.
Justice Kotwal : You are saying non-disclosure is giving shelter?
ASG : The definition says 'assistance by any means'.
ASG (for NCB) : If somebody known to me is consuming drugs...consumption is illegal..and I am not telling this to anyone...not disclosing it to police...then it can be brought under the definition of 'harboring'(under Sec 27A).
ASG (for NCB) : Let us take an example. Rhea gets drugs in her house and delivers it to Sushant in his house.
Justice Kotwal interrupts : The key word in the definition is 'person apprehending arrest'. Procuring drugs will not be 'harbouring'.
Justice Kotwal : What about "harbouring" in this case?
ASG refers to the definition of 'harbouring' in IPC.