‘Procedure not followed’: Court asks NCB to return passport of accused in drug case over Sushant’s death

Kshitij Prasad, an executive producer, was arrested in 2020 by the NCB which also seized his passport while searching his residence.

Last month, Prasadh had filed an application before the special court seeking directives to the NCB to return his passport.

The special court said that when Prasad was granted bail in 2020, he was directed to deposit the passport with the NCB.

The court said a period of more than three years has already passed since that order.

It referred to a Supreme Court order which said impounding or retaining a passport seized during a probe can only be done by passport authorities.

“….admittedly in the present matter retention of the passport by the respondent (NCB) has not been done in conformity with the provisions of law i.e. as per provisions of Passport Authorities Act. Personal liberty within the meaning of Article 21 includes within its ambit the right to go abroad and consequently no person can be deprived of his right except according to procedure prescribed by law. In the present matter from the appreciation of material on record it appears that respondent has not followed procedure according to the law for retention of the passport,” the court said.

Prasad’s plea filed through lawyer Satish Maneshinde said that he is out on bail and has cooperated with the investigating officer whenever he was called for the probe.

The NCB had opposed his plea stating that if the passport is returned, there is a chance that the accused may flee.  The agency said that whenever he needs to travel abroad, Prasad can make a plea for his passport to be returned for only the duration of the trip.

The court said that Prasad is a resident of Mumbai and there is no substance in the contention of the NCB that if his passport is returned, he will abscond. It said that conditions can be imposed as safeguards to the apprehensions posed by the NCB.

“…it is not the case of the respondent (NCB) that the applicant/accused has not cooperated with the respondent in investigation… there appears no just grounds for further detention of the passport by the respondent,” the special court said in its order last month.

The court directed Prasad to inform the NCB his travel details if he travels abroad.

It said in the future if the need arises where Prasad’s passport is required, he will be required to hand it over to the NCB and the agency will be open to approach the appropriate authorities to retain the passport.

After the death of Rajput, the NCB had arrested over 30 persons, including Prasad, claiming their various roles related to drugs.

Prasad has sought discharge from the case, which is pending. In 2022, in a separate order related to two other accused, the court had said that their bank accounts were seized by the NCB without following required procedure.