'You cannot challenge the bail order observations without challenging the bail order itself,' said the Supreme Court bench.
The Narcotics Control Bureau (NCB) was told by the Supreme Court on Thursday that it would have to challenge the Bombay High Court order granting bail to actress Rhea Chakraborty in a drugs-related case if it wanted to assail adverse remarks made in the judgement.
“You cannot challenge the bail order observations without challenging the bail order itself,” said the bench which also comprised Justices A S Bopanna and V Ramasubramanian.
A bench headed by Chief Justice S A Bobde took note of the submission of Solicitor General Tushar Mehta, appearing for NCB that the probe agency was not pressing against the grant of bail to the actress.
The law officer said the high court made certain very “wide-ranging observations” about the Narcotics Drugs and Psychotropic Substances (NDPS) Act and they will make it very difficult for the agency to prosecute and ensure conviction.
Mehta then said the NCB would amend the petition and challenge the bail order as well.
The high court had granted bail to the actress on October 7 last year and directed her to deposit a personal bond of Rs 1 lakh.
It had however rejected the bail plea of her brother Showik Chakraborty, also an accused in the case, and alleged drug peddler Abdel Basit Parihar.
Rhea, her brother, and other accused were arrested in September last year by the NCB in connection with its probe into the drugs angle related to the case of actor Sushant Singh Rajput's death.
Rajput, 34, was found hanging in his apartment in suburban Bandra on June 14 last year.
The high court, while granting bail to Rhea and two others, directed them to deposit their passports with the NCB and not to leave the country without the permission of the special NDPS court.
It had asked Rhea to visit the NCB office at 11 am on the first day of every month for six months.
All those who have been granted bail, including Rhea, will also have to seek the permission of the NCB's investigating officer to go out of Mumbai, the court had said.
(With PTI inputs.)