The Supreme Court on Thursday granted bail to Kannada Actor Ragini Dwivedi who had been arrested by the police for allegedly consuming and supplying drugs at parties and events organized by her and others.
Relief was granted by a Bench headed by Justice Rohinton Nariman based on the finding that Section 37 of the Narcotic Drugs and Psychotropic Substances Act was incorrectly invoked against Dwivedi.
“Pursuant to search at premise no drugs were found. The maximum that could be said was petitioner consumed drugs at the party,” the Court observed.
“Section 37 was wrongly invoked by High Court and Sessions Judge. With Section 37 out of the way, this is a case bail must follow. High Court judgment set aside, and Ragini Dwivedi enlarged on bail,” the Court said.
The Karnataka High Court had in November 2020 rejected Dwivedi’s bail application holding that custodial interrogation of the accused persons was required in order to discover evidence in the drug case investigation.
Interestingly, on the point of quantity of the contraband substance, the High Court had clarified that the decision of the Bombay High Court in granting bail to Rhea Chakraborty would not apply in this case. Drawing inference from the said decision, the Court held that the offence punishable under Section 27(A) of NDPS Act is not quantity specific.
“Following the judgment of the Supreme Court in the case of State of Punjab Vs. Baldev Singh, it has been held by the Bombay High Court that irrespective of quantity of the contraband substance and the length of the period of imprisonment, all the offences enumerated in NDPS Act are non-bailable. The offence punishable under Section 27(A) of NDPS Act is not quantity specific,” the High Court had ruled.