Court rejects NCB’s plea challenging bail granted to Bharti Singh, husband

Comedian Bharti Singh and her husband Harsh Limbachiyaa did not violate any bail conditions, according to a special NDPS court which rejected the Narcotics Control Bureau's plea to cancel their bail. The couple had been arrested in November 2020 after cannabis was allegedly found at their home and office. The NCB argued that bail had been granted without hearing its counsel, but the court said it was the agency's fault for not appearing at the hearing and there were no grounds to cancel the bail.

The special NDPS (Narcotic Drugs and Psychotropic Substances Act) court last week rejected the Narcotics Control Bureau (NCB)’s plea, seeking to cancel the bail granted to comedian Bharti Singh and her husband Harsh Limbachiyaa, and said the couple had not violated any of the bail conditions.

Comedian Bharti Singh with husband, Harsh Limbachiyaa

The NCB had on November 21, 2020, arrested Singh and her husband the next day after 86.5 grams of cannabis were allegedly seized during raids at their residence and production house. On November 23, a metropolitan magistrate court had granted them bail. The NCB had on December 31 filed a plea before the special NDPS court challenging the bail.

Special judge VV Patil refused to cancel the couple’s bail. “There are no allegations against the respondents (Singh and Limbachiyaa) of interference with the due course of administration of justice or evasion or attempt to evade the due course of justice or abuse of concession granted to them. There are no allegations of breach of the conditions of the bail order passed by the magistrate court. Therefore, there are absolutely no grounds made out for cancellation of bail to the respondents as prayed by the NCB.”

The agency contended that the magistrate court had granted bail without hearing the NCB’s counsel. The prosecutor was stuck in a hearing at Thane, and by the time the prosecutor reached the court to submit a reply, objecting to the bail plea, bail had already been granted, the NCB added.

The special court, however, said that on November 22, 2020, the case was called for hearing, but no one appeared on behalf of the agency and on November 23, neither the prosecutor nor the investigating officer was present in the court, and neither did they file a reply to the bail plea.

“Therefore, it is a fault of the prosecution and there is absolutely no illegality committed by the magistrate in passing the bail order,” the special judge said, adding that as per the Supreme Court guidelines, bail once granted could not be cancelled unless there was attempt to interfere with the process of justice or there was abuse of concession granted to the accused.