A special NDPS court in Mumbai has ordered the defreezing of a bank account linked to actress Rhea Chakraborty and her mother Sandhya Chakraborty in connection with a Narcotic Drugs and Psychotropic Substances (NDPS) case, observing that the Narcotics Control Bureau (NCB) failed to comply with mandatory legal provisions under the NDPS Act.

The order was passed by Special Judge U.C. Deshmukh on April 25, allowing an application seeking the release of the frozen ICICI Bank account. The court directed that the account be allowed to operate in accordance with Reserve Bank of India (RBI) guidelines, effectively restoring access to the funds. The case is linked to the 2020 NCB investigation that followed allegations of drug-related activities after the death of actor Sushant Singh Rajput.

The applicants argued that the freezing of the account was unlawful, stating that authorities did not follow Section 68F of the NDPS Act, which lays down strict procedures for seizure or freezing of property suspected to be derived from illegal activity. They maintained that the statutory safeguards under the law were not observed, making the action invalid from the outset.

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The prosecution opposed the plea, claiming that statements recorded during the investigation indicated Rhea Chakraborty’s alleged involvement in a drug syndicate and her links with suspected drug peddlers. On this basis, the NCB defended its decision to freeze the accounts, arguing that the action was justified in the interest of the investigation and prevention of illicit activity.

However, the court noted that under Section 68F(2) of the NDPS Act, any order of seizure or freezing must be confirmed by the competent authority within 30 days, failing which it loses legal validity. The judge observed that no such confirmation had been produced in this case, and therefore the continued freezing of the account could not be sustained under the law. The court also relied on earlier judicial precedents that emphasise strict compliance with statutory safeguards in such actions.

As a result, the court ordered the defreezing of the bank account and permitted its operation as per banking regulations. The case remains part of the broader investigation initiated in 2020, while earlier proceedings, including those before the Bombay High Court, had also granted relief to Rhea Chakraborty, including the return of her passport due to lack of grounds suggesting she might evade legal process.

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