Bombay High Court
Bombay High Court

Observing that drug trafficking is a serious offence and that the Narcotics Control Bureau (NCB) can probe a person even in case of no recoveries, the Bombay High Court on Friday adjourned the bail applications moved by Samuel Miranda, the aide and one of the prime accused in the drugs dealing case related to the death of actor Sushant Singh Rajput.

The single-judge bench of Justice Sarang Kotwal also underscored the need to break the chain of drug trafficking in India. The judge was dealing with the bail pleas moved by Miranda, Deepak Sawant (Rajput's house help) and Abdul Parihar, who is named as a drug peddler in the case.

The trio have challenged the special NDPS courts order, by which their bail applications were turned down, earlier this month.

Notably, the special court had also denied bail to Rhea Chakraborty and her brother Showik, both prime accused. However, the duo are yet to move the high court for bail.

The primary argument advanced by these three accused before Justice Kotwal was that the NCB has not seized any drugs from their possession and that the quantity of ganja recovered from the other two accused is 59 gm, which is way below the commercial quantity that attracts higher and stringent punishment.

The bench, however, asked both the accused as well as the NIA represented through additional solicitor general (ASG) Anil Singh to argue on a point of section 27 (A), which penalizes drug trafficking and also provides a bar on courts to grant bail.

"On the next date, all the parties will have to address this court on whether financing even a small quantity of drugs would attract the bar on bail," Justice Kotwal said.

The judge, while further noting the provisions of the NDPS law, said, "The idea is that the chain of illegal drug trafficking has to be broken. This is a serious issue and trafficking has to be stopped. So the NCB is free to go after an accused even if there are no recoveries."

Justice Kotwal further emphasized that whatever order he passes, would have a direct impact on numerous cases under the NDPS law. "Thus, I am not in a hurry to pass any orders. Let there be a proper hearing and I will consider everything," the judge said, while adjourning the bail matters till September 29.

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