Mumbai Court permits return of electronic devices seized by NCB to Arjun Rampal, partner

A Mumbai Court recently directed the Narcotics Control Bureau (NCB) to return electronic devices belonging to Bollywood actor Arjun Rampal and his partner Gabriella Kyriacos Demetriades seized by the agency in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act (Arjun Rampal v. Narcotics Control Bureau).Special NDPS Judge VV Vidwans observed that "though there was an action by the Investigating Officer to seize the mobiles of the applicants, the prescribed procedure as per provisions of the NDPS Act was not followed as there was no formal seizure or confiscation of bank accounts as required by law by making order of seizure of such property with due approval from/ prior permission from the competent authority". .NCB was conducting investigation in relation to consumption of drugs by several celebrities. Certain recoveries were made pursuant to that investigation..In October 2020 Demetriades’s brother Agisilaos was arrested by NCB. A few weeks later during a search and seizure conducted by the NCB officers at the residence of Rampal, they recovered some medicines from the house. Hence, their gadgets were seized for investigation..Rampal moved the Special NDPS Court earlier this month seeking release of the seized property on the ground that he required the same for his personal and professional use.He stated that a lot of professional data was saved on the pen-drive and the hard-disk of the laptop.Demetriades also advanced similar arguments..Advocate Ayaz Khan, appearing for the applicants, argued that NCB had seized their gadgets during the search and seizure activity..The applicants’ statement was recorded and chargesheet was filed against accused persons.He argued that the investigation was completed and it will take considerable time for the trial to commence for the adjudication in the matter..Khan submitted that due to seizure of the gadgets, the applicants were in serious hardship and facing financial difficulties.He assured the Court that the applicants are ready and willing to abide by the conditions, if any, imposed by the court while allowing their applications..Special Public Prosecutor Atul Sarpande appearing for the agency strongly opposed the application, pointing out that the investigation was not complete as far as financial transactions are concerned, even though chargesheet was filed.He informed the Court that another accused had been arrested in the case very recently and NCB was contemplating filing of supplementary chargesheet against the remaining accused..Sarpande submitted that “if the applications for releasing moveable items as mentioned above are allowed, there is every likelihood and possibility that the same will be used by the applicant in the transactions of drug mafia and other related businesses”.Considering the gravity of the issue and seriousness of the offence involved, he sought dismissal of the application..The Special Judge concluded that the investigation in the case had been completed and it will take considerable time to conduct the trial in the case..On the financial investigation in the case, the Court observed that while it may still be ongoing, however considering the data on the devices was saved in digital forms or soft copies, the same would always be available for the purpose of investigation.The plea was, therefore, allowed. .[Read order]