In a major relief for Rhea Chakraborty, a special Mumbai court has ordered the defreezing of the actor and her brother’s bank accounts citing the NCB's failure to follow procedural requirements under the NDPS Act.
The duo was accused in a drug-related case linked to the death of actor Sushant Singh Rajput in 2020. The Narcotics Control Bureau (NCB) had blocked the siblings’ bank accounts during its investigation into the case.
Represented by advocate Ayaz Khan, Rhea and Showik Chakraborty contended that the NCB failed to follow the compulsory procedural steps required under Section 68F of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which governs the seizure or freezing of assets.
The prosecution challenged the application, referencing Chakraborty’s purported statements as proof of her involvement in a drug syndicate with ties to traffickers. They argued that freezing the accounts remained a vital and justified measure taken by the investigating officer.
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However, finding merits in the defence's contention, Special NDPS Court Judge UC 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 defreezing 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 on June 14, 2020.
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