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Bombay HC regarding consumption of drug stated that giving money doesn’t come under financing or harbouring under section 27A of NDPS Act

8th October 2020

Bombay HC regarding consumption of drug stated that giving money doesn’t come under financing or harbouring under section 27A of NDPS Act

The Bombay High Court with a bench of Justice Sarang V Kotwal observed that in order of granting bail to Rhea Chakraborty, the HC interpreted the scope of section 27A of the Narcotic Drugs and Psychotropic Substance (NDPS) Act, 1985, which deals with financing of illicit traffic and harboring offenders”. Which means giving money for consuming drugs doesn't mean financing and harboring under section 27A. “Section 27A entirely indicates that financing is in respect of illicit traffic through which the financier expects monetary or other returns”. The court then stated that Rhea Chakraborty had financed illicit traffic. In this Justice Kotwal expressed his agreement with the interpretation given by the HC of Kerala on the word “Financing” in the judgement of K.K. Ashraf vs. State of Kerala.
The Court then decided that there are reasonable grounds that she is not guilty of any offence punishable under sections 19, 24, and 27. The material at the highest shows that she has committed the offence involving contraband but the crucial elements of incurring rigorous section 37 in aspect of commercial quantity is missing.

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