A special NDPS court in Bombay has directed the Narcotics Control Bureau to return the passport of actress Rhea Chakraborty’s brother, Showik, which was seized three years back, after he was named as an accused in a drugs case following the suicide by actor Sushant Singh Rajput. The court has permitted Showik’s petition to travel to Australia from September 17 to 24. The court held that Showik must, however, surrender his passport to the NCB on his return.
The judge maintained that the fundamental right to personal liberty includes the right to go abroad, and no person can be deprived of it. Special judge K.P. Kshirsagar said, “In the present matter, from the appreciation of material on record, it appears that the respondent (NCB) has not followed the procedure according to the law for retention of the passport.” The judge further said, impounding means retention of the possession of a document which has been seized for some period of time. He added, “The passport cannot be impounded, except by the passport authority in accordance with law. Moreover, admittedly, in the present matter, retention of the passport by the respondent has not been done in conformity with the provisions of law, that is, as per provisions of Passport Authorities Act.”
The judge said, Showik appears to be a resident of Bombay and have roots in society. “Therefore, from the appreciation of material on record, there appears no substance in the contention of the respondent (NCB) that applicant (Showik) may flee or abscond from justice if the passport is returned,” the judge concluded. Stating that the interests of the NCB can be safeguarded by imposing certain conditions, the judge said, Showik is to submit his address in Australia.
Showik and his parents, Colonel Indrajit Chakraborty (veteran) and Sandhya Chakraborty, both 57, have also moved the Bombay high court for suspension of the look out circular (LOC) issued against them. His parents said, the investigations were complete.