"No Strong Opposition From NCB": Mumbai NDPS Court Orders De-Freezing Of Rhea Chakraborty's Bank Account

The NCB froze Chakraborty's bank accounts & FDs by a notice dated September 16, 2020, after her arrest on September 8 that year. Rhea claimed the account was frozen without reason and it is causing grave injustice & prejudice to her.

While the NCB initially objected to de-freezing the account, the investigating officer later submitted his reply stating he was leaving the matter up to the court's discretion.

Special judge DB Mane allowed the applications subject to Chakraborty giving an undertaking of keeping the balance in the account intact.

"Now, there is no strong objection from the respondent side to defreeze the said accounts. In such circumstances, the applicant/accused is entitled for defreezing the said bank accounts & FDs subject to conditions & undertaking supported by an Affidavit stating that during the pendency & conclusion of the trial of the case, she shall make the balance amount, as shown in the concerned account as on 16/09/2020, available for passing necessary orders, as & when required," the order said.

Rhea, was booked under u/s 8(c) r/w Sec.20(b)(ii)A, 22, 27-A, 28, 29 & 30 of the NDPS Act, 1985 along with nearly 33 other accused. She was granted bail in October 2020.

In her application before the court, Chakraborty claimed that NCB has not taken any action u/s.68-F of the NDPS Act within the required period of 30 days. Moreover, she need the account to pay salaries of employees, paying tax and GST. Moreover, she needs to support her own lifestyle.

The Special Public Prosecutor responded saying that the financial investigation in the case is going on and de freezing the accounts will hamper investigation.

He further claimed that there was a high possibility of Chakraborty using the money in drug mafia and drug related businesses. He urged the court to therefore reject the application.

However, on October 26, the investigating officer filed a reply saying that he leaves the question for the discretion of the Court.

In the absence of a strong objection from the agency, the court said Chakraborty was entitled to defreezing of her account. The court said that once she gives an undertaking to maintain the balance, NCB should issue letters to the bank for de-freezing the account.

The court also allowed another application by Chakraborty for return of her Macbook Pro laptop after the NCB did not take objection. The agency said the laptop was already sent for forensic examination and they had retrieved the required data.

Click Here To Read The Order

Click Here To Read The Order