A special court under the Narcotics and Psychotropic Act (NDPS) in Mumbai on Friday ordered the Narcotics Control Bureau (NCB) to return all cell phones and laptops that were confiscated from Bollywood actor Arjun Rampal and his partner Gabriella Kyriacos Demetriades.
Both Rampal and his partner stated that they use their devices for both professional and personal reasons.
NCB officials had opened an investigation into drug use by various Bollywood celebrities and items were seized as a result of the investigation.
The NCB arrested Agisilaos Demetrias, brother of actor Arjun Rampal’s partner, Gabriella, on October 17, 2020.
A few weeks later, on November 9th, the NCB searched Rampals’ home and found some medications, including a strip of partially consumed Ultracet tablets and a strip of partially consumed Clonotril tablets.
IS THE DRUG PROBE OVER?
Attorney Ayaz Khan, who represented Rampal and Demetrias, alleged that NCB sniffer dogs had confiscated the equipment during a raid and that an indictment had now been filed.
Ayaz Khan stressed that the defendant’s trial and decision on the case will take a long time, saying the device seizure has placed the couple in severe financial constraints.
Khan also stated that the couple are ready to meet any conditions imposed by the court in order for their motions to be granted.
However, Atul Sarpande, the agency’s special prosecutor, firmly denied the request. He alleged that the investigation into the financial transactions case was ongoing.
“Although an indictment has been filed in the case, the financial investigation is still ongoing,” said Atul Sarpande.
After arresting one of the remaining defendants, the NCB will consider filing an additional indictment on the case.
“There is every likelihood and possibility that the applicant will use the above moveable items in the drug mafia and other related business transactions if the above moveable items requests are approved,” Sarpande said.
He added that the requests may be denied taking into account the gravity of the matter and the gravity of the crime involved.
WHAT THE COURT HAD TO SAY
Judge VV Vidwans concluded that the investigation into the case was closed after hearing the arguments.
“The process and the decision of the case will take a long time to complete. Although the financial investigation into the matter is still ongoing, the data on cell phones and laptops such as Macbooks and USB sticks are already stored in digital form / softcopy and can be accessed at any time for investigation purposes and process, ”said Judge VV Vidwans.
The court also found that the agency had failed to comply with the legally required seizure procedure.
“Another aspect to consider when deciding on these applications is the ability to take action on liability and seizure of illegal drugs, substances, plants, objects and means of transport, etc.,” the judge said.
“In the present case, only the IO (investigative officer) took measures to seize the complainants’ mobile phones, but followed the prescribed procedure according to §68 (B) (e) r / w. 68 (F) of the Act is not followed as there is no formal seizure or confiscation of bank accounts as required by law by an order for the seizure of this property with proper authorization / prior approval from the relevant authority within 30 days u / s.68 ( F) (1) (2) of the NDPS Act, ”added Judge VV Vidwans.
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