The Narcotics Control Bureau (NCB) has challenged the bail granted to television actors Bharti Singh and her husband Harsh Limbachiyaa on November 23 by a Mumbai Sessions Court in the drug case lodged against them.
Three applications were moved by the NCB before the Sessions Court on Tuesday. Advocate Ayaz Khan, appearing for the Bharti Singh and Harsh Limbachiyaa, sought time to file a detailed reply to the applications.
The applications will be heard on December 9, 2020.
The NCB has contended that the grant of bail to the couple would send a dangerous signal to society. Its plea reads:
“The precedent set by the Addl. Chief Metropolitan Magistrate is sending a dangerous signal in the society that high profile offenders can be spared easily at the cost of the divine established principles without hearing the prosecution side. This will create an anarchic situation in society. Such orders will prompt peddlers to attack more vigorously on NCB team as it had happened on November 22, 2020 in the evening.”
The NCB has now filed the following applications to challenge the bail order:
- A revision application,
- An application for the cancellation of bail under Sections 439 (2) of Code of Criminal Procedure (CrPC), which deals with remand of a person on bail back to custody, and;
- An application under Section 167(2), CrPC (remand to custody if investigation not complete within 24 hours).
The NCB seeks to quash the order granting bail passed by the Additional Chief Metropolitan Magistrate (ACMM) at Esplanade Court, Mumbai and has urged for directions that the couple surrender before the court.
The NCB objected to bail being granted by the ACMM without hearing Special Public Prosecutor (SPP) Atul Sarpande who appears for the agency.
The NCB submits that when the bail application was filed before the Vacation Magistrate on November 22, the order clearly directed the SPP and the investigating officer to reply to the application.
It also claims that the ACMM’s order granting bail was in violation of the order of the Bombay High Court in Rhea Chakraborty’s bail application.