Turning down the claims of the Narcotics Control Bureau (NCB), the Bombay High Court granted bail to Actor Rhea Chakraborty saying "She is not a part of drug dealers". She has been asked to submit ₹ 1 lakh as bond and mark her presence daily at the nearest police station for 10 days after her release.

Justice Sarang V Kotwal, who passed the bail order, said, 

She (Rhea) is not part of the chain of drug dealers. She has not forwarded the drugs allegedly procured by her to somebody else to earn monetary or other benefits.... Since she has no criminal antecedents, there are reasonable grounds for believing that she is not likely to commit any offence while on bail.

Actor Rhea Chakraborty was arrested over drug-related charges in the Sushant Singh Rajput's death investigation. However, her brother Showik's bail has been rejected. They were arrested last month by the Narcotics Control Bureau (NCB). The High Court has set conditions for Rhea Chakraborty's bail as follows:-

  1. Deposit passport
  2. Report every day for 10 days to Mumbai Police
  3. Furnish bail bond of ₹ 1 lakh
  4. Cannot leave the country
  5. Cannot meet with any other witness
  6. Must inform Investigating Officer if she is going out of Greater Mumbai, give itinerary in advance
  7. Report on the first Monday of every month before investigating agency, for six months
  8. Attend all dates in court unless prevented by any reasonable cause
  9. Not to tamper with evidence or investigation of the case
 
The High Court observed that there are reasonable grounds for believing that Rhea was not guilty of any offense punishable under Section 27A of the Narcotic Drugs and psychotropic substances (NDPS) Act or any offence involving commercial quantity. 

Section 27A of the Act relates to Punishment for financing illicit traffic and harbouring offenders. It provides that, Whoever indulges in financing, directly or indirectly, any of the activities specified in sub-clauses(i) to (v) of clause (viiia) [relettered as (viiib)  by Act 16 of 2014, s. 2 (w.e.f. 1-5-2014)] of section 2 or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

Section 2 (viiib) of the NDPS Act specifies the definition of "illicit traffic" in relation to narcotic drugs and psychotropic substances, that means:-

(i) cultivating any coca plant or gathering any portion of coca plant;

(ii) cultivating the opium poppy or any cannabis plant;

(iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transhipment, of narcotic drugs or psychotropic substances;

(iv) dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in sub-clauses (i) to (iii); or

(v) handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv); other than those permitted under this Act, or any rule or order made, or any condition of any license, term or authorization issued, thereunder, and includes: (1) financing, directly or indirectly, any of the aforementioned activities;  (2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and  (3) harbouring persons engaged in any of the aforementioned activities;


The High Court said that simply providing money for a particular transaction or other transactions will not be financing that activity and allegations of spending money in procuring drugs for Sushant Singh Rajput do not mean that she had financed illicit traffic. The court noted that the actor's charges did not involve commercial quantity of drugs as none of the abovementioned grounds are fulfilled in this case.

The court also disagreed with the drugs agency's argument that celebrities and role models should be treated harshly to set an example. The Judge said, "I do not agree. Everybody is equal before the law. No celebrity or role model enjoys any special privilege before the court of law. Similarly, such person also does not incur any special liability when he faces law in the courts. Each case will have to be decided on its own merits irrespective of the status of the accused." 

The Central Bureau of Investigation (CBI) is separately probing a case against Rhea Chakraborty and others for allegedly abetting the actor’s suicide.

Click here to download order, [.pdf]