Mumbai: A special court in Mumbai has ordered the defreezing of the bank accounts of actor Rhea Chakraborty and her brother, accused in a drugs case, citing the NCB’s failure to follow procedural requirements under the NDPS Act.
The Narcotics Control Bureau (NCB) had frozen the duo’s accounts as part of its probe into a drug-related case linked to the death of actor Sushant Singh Rajput.
Rhea Chakraborty and her brother, Showik, represented by lawyer Ayaz Khan, argued that the NCB failed to follow the mandatory procedural requirements under Section 68F (for seizure or freezing of properties) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.
The prosecution opposed the application, citing Chakraborty’s alleged statements as evidence of her being an active member of a drug syndicate in contact with peddlers. It maintained that the freezing of the account was a necessary action by the investigation officer.
However, finding merits in the defence’s contention, Special NDPS Court Judge U C Deshmukh on Saturday noted that under section 68F(2) of the NDPS Act, any order to freeze or seize property must be confirmed by a competent authority within 30 days.
If no such confirmation is made, the order becomes legally invalid.
The respondent (NCB) does not deny that there is no compliance with the mandatory provision, the court pointed out.
Therefore, in view of a high court ruling and provisions of Section 68F of the NDPS Act, the application is liable to be allowed, it said.
The special court then directed the immediate unfreezing of the bank accounts and permitted the duo to operate them in accordance with RBI rules and regulations.
The NCB has been probing the alleged drug use in Bollywood and the television industry following the death of Sushant Singh Rajput.
The 34-year-old actor was found hanging at his apartment in Mumbai’s Bandra area June 14, 2020.
