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

Accused Deepesh Sawant and Samuel Miranda were the domestic servants of Sushant Singh Rajput : Maneshinde.

Five others were released on bail on the first day itself : Maneshinde.

Maneshinde submits that one of the accused Kaizan Ebrahim was granted bail as the NCB did not oppose his release. NCB did not seek custody of Rhea and she was remanded to judicial custody.

Maneshinde now refers to the UN Convention on the basis of which the 1989 amendment to NDPS was made.

Maneshinde now starts submissions on the facts of the case.

Maneshinde : Courts have been granting bail using their discretion in NDPS Cases.

Justice Kotwal : What kind of submission is this? If there is a constitution bench judgment and a different kind of practice, what should I follow?

Maneshinde : I will leave it to your lordship

ASG Anil Singh submits that there are judgments of SC after the 2001 amendment which hold that NDPS offences are non-bailable.

Justice Kotwal says 2002 judgment in 'State of Orissa v Laxman Jena' stated that 'Baldev Singh' judgment held that NDPS offences are non-bailable.

Adv Saeed refers to Section 36C of NDPS Act to state that provisions of CrPC including bail provisions apply to Special Courts. So offences bailable under CrPC bailable under NDPS as well.

Justice Kotwal tells Desai : Your argument is that 'Baldev' was not dealing with Section 37. I follow that. 

Justice Kotwal : The reasoning of this judgment is similar to that of 'Stefan Mueller vs. State of Maharashtra' of Bombay HC. What I want to know is the applicability of 'Baldev Singh judgment'?