New Delhi: A Supreme Court bench led by Justice RF Nariman on Thursday granted bail to Kannada actor Ragini Dwivedi who was arrested for allegedly organising rave parties and supplying drugs.
The bench comprising of Justices RF Nariman, Navin Sinha, and KM Joseph observed in its order that what is important is that the petitioner has been arrested on conspiracy charges which the High Court found tenuous and till date no charge sheet has been filed.
"At the highest, it could possibly be said that the petitioner consumed drugs at the party" and for that maximum sentence is one year, observed the court.
SG Tushar Mehta asked the court to make it clear that these observations shall not come in the way of investigation or trial to which the court agreed and disposed of the matter. Dwivedi's lawyer, Senior Advocate Siddharth Luthra had submitted before the top court today that nothing was recovered from her when the searches were conducted.
SG had opposed it saying that it was not for personal use, she had arranged rave parties, tampered with the evidence and sought to deny bail to hear at least till the filing of the charge sheet.
She was jailed in September over allegations of links with an international drug cartel. The actor had challenged a Karnataka High Court order rejecting bail on November 3. She had also approached the Supreme Court for bail in the alleged Sandalwood drugs case.
Ragini, 30, was arrested by the Central Crime Branch (CCB), Bengaluru, on September 4, last year, on the charges of her alleged association with an international drug peddling racket involved in supplying psychedelic drugs to customers at rave parties and other events.
Ragini has been booked under provisions of the NDPS (Narcotics Drugs and Psychotropic Substances) Act and Indian Penal Code (IPC) Acts, for her alleged involvement in the drugs case. Ragini had claimed that the prosecution had allegedly framed her in the false case to attract public attention.
Though Petitioner has been found violating certain sections of NDPS Act, prima facie if anyone offence has been made out, it can be said to be made out under Section 27(B) for the consumption of certain drugs, the bench said while setting aside the Karnataka High Court Judgment dismissing her bail application.
The actors along with others have been charged under various sections of IPC including 120b (criminal conspiracy) and the Narcotic Drugs and Psychotropic Substances Act of 1985 under sections 21, 21C, 27A, 27B, and section 29.
Ragini claimed that she had been made an accused and remained in jail even after 100 days, even though there has been no recovery of any drugs from her.
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