Sushant Singh Rajput Death Case: Special NDPS Court Orders Defreezing Of Rhea Chakraborty, Brother’s Bank Accounts; Flags NCB Lapses

Mumbai, April 25: The special NDPS court on Saturday ordered the defreezing of bank accounts held by actress Rhea Chakraborty and her brother Showik, which were seized by the NCB in 2020 while probing a drug trail linked to the death of actor Sushant Singh Rajput. The court ruled the agency failed to follow mandatory procedures.

Defence cites procedural lapses

The siblings had moved the special court through their lawyers Ayaz Khan and Zehra Charania, claiming the agency failed to comply with legal protocols.

The defence contended that the Narcotics Control Bureau (NCB) did not follow the provisions of Section 68F of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which pertains to the seizure or freezing of illegally acquired property. They argued that the freezing of the accounts was, therefore, illegal.

Requirement of competent authority order

Under these provisions, the agency must obtain a formal order from a competent authority within 30 days of the attachment. The defence highlighted that no such order was obtained in this case.

Prosecution opposes plea

The prosecution opposed the application, citing Chakraborty’s statement to claim she was an active member of a drug syndicate in contact with peddlers. They argued the officer was justified in freezing the accounts of the suspects.

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Court rejects prosecution’s argument

The court, however, rejected the prosecution's arguments. “Sub-section (2) of Section 68F of the Act provides that an order of freezing or seizing the property shall have no effect unless such order is confirmed by an order of the competent authority within a period of 30 days of its being made,” the court observed.

Accounts ordered to be defreezed

Ordering the defreezing of the bank accounts, the court noted that no order as contemplated under the provisions of the Act had been passed.

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