A special court has refused to cancel bail granted to comedian Bharti Singh and her husband Harsh Limbachiya by a magistrate in 2020 in a drugs case.
The court held that the Narcotics Control Bureau (NCB) was at fault in not opposing their bail pleas or keeping the prosecutor or investigating officer present before the court.
BHARTI AND HAARSH WERE ARRESTED IN 2020
The couple was arrested on Nov 22, 2020 after 86.5 gm ganja was found from their production house office and residence.
They got relief the next day when they applied for bail the same day and the matter was kept the following day for the NCB’s response.
Seeking that the relief be cancelled, the NCB had claimed that the bail granted was illegal and claimed that it wasn’t given an opportunity to be heard.
The court said in its order of May 29, made available on Tuesday, that it is not the case that the prosecution was not given the opportunity to oppose the applications.
In fact, it is a fault on part of the prosecution that they did not avail the opportunity to file reply and oppose the bail applications. It also pointed out that the NCB also did not file an application seeking time to file its response.
BAIL ONCE GRANTED CANNOT BE CANCELLED
Opposing the plea, the couple’s advocate had pointed out that the case concerned a small quantity of drugs and hence it was not necessary to hear the prosecution, as in the case of a commercial quantity as per the Narcotic Drugs and Psychotropic Substances Act (NDPS).
Special Judge VV Patil further pointed out that as per judgments of the Supreme Court and high courts, bail once granted cannot be cancelled except on grounds of interference with the administration of justice, evasion of course of justice or abuse of relief.
Judge Patil said that in this case there are no such allegations and said there are “absolutely no grounds” made out to cancel the bail.
