SSR Case: Bombay High Court Refuses Anticipatory Bail To Celebrity Manager Karishma Prakash

Justice Bharati Dangre also refused to extend the interim protection granted earlier, to enable Prakash to approach the Supreme Court.

The court also referred a question to a larger bench whether seizure of small quantities of drugs is a bailable or a non-bailable offence under the NDPS Act. Earlier, while granting bail to actor Rhea Chakraborty, Justice Sarang Kotwal held that all offences under the NDPS Act are non-bailable offences.

A detailed order copy is yet to be made available.

Prakash filed for anticipatory bail before the Sessions court in October 2020, after one of the alleged drug peddlers named her. Kwan, which managed Deepika and other Bollywood artists, said that Karishma had resigned from her position the same month.

The prosecution alleged that Prakash had been dealing in drugs which is punishable under the stringent section 27A of the NDPS Act.

However, while rejecting her anticipatory bail plea in August 2021, the Special NDPS Court had extended the interim protection granted earlier. The protection was subsequently continued when she approached High Court.

The NCB represented by Special Public Prosecutor Shreeram Shirsat and Advocate Amandeep Singh Sra contended that Prakash was not cooperating with investigators and was involved in illicit drug trafficking under section 27A of the NDPS Act.

Conversely, Prakash represented by Senior Advocate Aabad Ponda contended that only small quantities of drugs were allegedly found at Prakash's behest.

Moreover, Prakash had earlier accused the NCB officers of threatening her with graver allegations if she didn't change her lawyer.

On July 14, soon after actor Sushant Singh Rajput's death, the Mumbai Police began investigating his death. The case was later transferred to the CBI after Rajput's kin approached the Supreme Court.

Simultaneously, the NCB began probing the nexus between Bollywood and drug peddlers. Thirty-five people, including Rajput's girlfriend Rhea Chakraborty and her brother Showik were arrested and charge sheeted earlier this year.

Most of the accused, including the late actor's girlfriend Rhea Chakraborty, are out on bail currently.

Case Title: Karishma Prakash Vs. Union of India & Ors.

Citation: 2022 LiveLaw (Bom) 247

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