Actor Rhea Chakraborty has been granted relief after a special NDPS court directed that her bank accounts be defrozen. The court observed that the investigating agency did not comply with mandatory legal procedures while freezing the accounts.

On Saturday, the court ordered that the accounts of Rhea Chakraborty and her brother Showik Chakraborty be restored. These accounts had been frozen in 2020 during a probe conducted by the Narcotics Control Bureau.

Background of the investigation

The action was linked to a drug-related angle that emerged during the investigation into the death of actor Sushant Singh Rajput. The case had drawn widespread attention at the time, leading to multiple inquiries by various agencies.

The court’s ruling centred on a procedural issue. It pointed out that the agency had not adhered to the requirements laid down under Section 68F of the NDPS Act.

“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 noted. It further observed that no such confirmation had been obtained in this case, rendering the freezing of the accounts invalid under the law.

Defence arguments

Rhea Chakraborty and her brother had approached the court through their legal representatives, Ayaz Khan and Zehra Charania. The defence argued that due process had not been followed while freezing the accounts.

They stated that the NCB had failed to secure the necessary approval within the stipulated time period, as required under the law. According to them, this lapse made the action unlawful.

The prosecution opposed the plea to defreeze the accounts. It referred to Rhea Chakraborty’s statement and alleged her involvement in a drug-related network.

The prosecution maintained that the investigating officer had sufficient grounds to freeze the accounts and that the step was justified as part of the probe.

However, the court did not accept these submissions. It ruled that the absence of a valid order within the prescribed time frame could not be overlooked.

The court stated that since no order, as required under the Act, had been passed, the freezing of the accounts could not be sustained.

Arrest and bail in 2020

Rhea Chakraborty was arrested in September 2020 on allegations related to drug procurement in connection with the Sushant Singh Rajput case. She had been accused of obtaining and supplying drugs to the late actor. After spending 28 days in custody, she was granted bail.

With agency inputs