The Narcotics Control Bureau on Tuesday told the Supreme Court that it will not challenge the bail granted to actor Rhea Chakraborty in a drugs case related to Sushant Singh Rajput’s death, PTI reported.

Rajput was found dead in his Mumbai apartment on June 14, 2020, in what the police initially said appeared to be a case of suicide. But Rajput’s family later filed a complaint with the Bihar Police, accusing Chakraborty, his former live-in partner, of abetment of suicide. She denied the allegation.

Three central agencies – the Central Bureau of Investigation, the Enforcement Directorate, and the Narcotics Control Bureau – took up cases against her.

Chakraborty was eventually arrested for consuming drugs. On October 7, 2020, the Bombay High Court granted her bail, observing that the actor was not part of any drug syndicate and had no criminal record. It said that Chakraborty could not have financed or supported illegal drug trafficking as alleged by the narcotics agency.

The court had also made certain observations about the scope of Section 27A of the Narcotic Drugs and Psychotropic Substances Act, which relates to punishment for financing drug trafficking and harbouring offenders. The court had said that paying money to buy drugs and hiding drug use did not amount to the offences covered under the section.

The Narcotics Control Bureau had challenged this order before the Supreme Court.

On Tuesday, Additional Solicitor General SV Raju, appearing for the Narcotics Control Bureau, told a bench of Justices AS Bopanna and MM Sundresh that while the agency will not oppose the decision of the High Court, its remarks regarding Section 27A of the NDPS Act should be kept for examination.

Taking note of the submission, the Supreme Court said that the Bombay High Court order would not be treated as a precedent.

“At this stage the challenge to the impugned order in so far as grant of bail may not be required,” the court said. “However, the question of law raised is left open to be considered in an appropriate case…”

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