In a reply filed before special judge P N Deshmukh, in connection with Fardeen's application seeking time to appear before the court, NCB prosecutor Usha Sisodiya had said the agency was unable to accept his contention of having lost his passport as ‘it could be a ground to extend his stay abroad’ and ‘delay proceedings’.

Fardeen had submitted neither any complaint to the local police there nor any letter to the High Commission of India, Sisodiya had argued.

In fact, when asked, the NCB informed the court that they had not been intimated by the actor about losing his passport.

Fardeen was caught buying cocaine from a drug peddlar Nasir Shaikh on May 5, 2001 by the NCB.

While the actor's claim is that he was trying to buy only one gram cocaine, the chargesheet alleges that 9 grams of the drug was recovered from the duo.

Fardeen was supposed to appear before the court on December 4 but his lawyer Ayaz Khan had sought time due to the lost passport.

Fardeen will, however, appear before the court on December 10 when the matter is listed and submit copies of the complaint as well as other documents regarding the lost passport, a source close to the actor said.