Opposing Aryan’s bail plea during the hearing, Additional Solicitor General Anil Singh for NCB said, “Applicant Aryan Khan is a regular consumer of drugs for the last two years.”
Written by Omkar Gokhale | Mumbai |
Updated: October 29, 2021 7:42:17 am
Nearly 25 days since he was detained by the Narcotics Control Bureau (NCB) in the cruise ship drug bust case, the Bombay High Court Thursday granted bail to actor Shahrukh Khan’s son Aryan Khan. The court also granted bail to co-accused Arbaaz Merchant and Munmun Dhamecha in their pleas against rejection of their bail applications by the special NDPS court.
A single-judge bench of Justice Nitin W Sambre, who has been hearing the bail pleas since Tuesday, held, “All three applications allowed,” adding, that the detailed reasoned order will be made available on Friday.
Shah Rukh Khan fans celebrate in front of Mannat after Bombay HC grants bail to Aryan Khan.
Aryan and two others had been in custody since October 2, when they were detained ahead of an alleged rave party on a cruise ship. Aryan and two others had approached the High Court after the special NDPS court rejected their bail pleas last Wednesday. The NDPS court had ruled that although no drugs were found on Aryan, he was aware of the fact that his friend Arbaaz Merchant was carrying them and this amounted to “conscious possession”.
In a written submission to the High Court Tuesday, Aryan distanced himself from the allegations made by Maharashtra minister Nawab Malik against NCB Mumbai Zonal Director Sameer Wankhede, including regarding witnesses in the case. The defence said Aryan had nothing to do with the “unsavoury” political controversy.
The central agency in its affidavit in reply to the bail pleas said Aryan Khan is an influential person and is likely to tamper with evidence or flee justice if released on bail. The agency said that the evidence shows a part of illicit drug trafficking and Aryan were in touch with persons abroad who were a part of an international drug network
Shah Rukh Khan with senior advocate Amit Desai, advocate Satish Maneshinde and defence team. (Source: Satish Maneshinde)
NCB said material collected during investigation primarily revealed that Aryan had played a role with respect to illicit procurement and distribution of contraband. The affidavit said he procured contraband from Arbaaz Merchant and had played a role in so far as illicit procurement and distribution of contraband is concerned.
Opposing Aryan’s bail plea during the hearing, Additional Solicitor General Anil Singh for NCB said, “Applicant Aryan Khan is a regular consumer of drugs for the last two years.”
He also pointed out that Aryan was found in “conscious possession” of contraband. “There is a case that a person might not have consumed the drug, but if he’s in possession of it, he can be booked under NDPS Act,” Singh argued.
Referring to the seizure panchama, Singh added, “Aryan Khan had said in the panchama that the contraband found on Arbaaz was meant for smoking during the cruise journey. They say they are going inside to have a blast. Bail is not a rule in the NDPS case. Assuming there is no recovery, the person can be still held liable for offence,” ASG Singh said.
Singh added that applicants were made aware of inclusion of Section 28 and 29 (conspiracy) being invoked against them and were duly informed as per CrPC.
Fans celebrate in front of Mannat, Shah Rukh Khan’s residence, after the Bollywood actor’s son is granted bail in the cruise ship drug bust case on Thursday.
Singh added that the applicants have not challenged the remand order and as per past SC judgement, it is deemed to be rectified irrespective of any previous irregularity. “It is not even challenged in the present bail application. They can’t come back and say arrest is illegal,” Singh said.
He added, “A person might not have consumed the drug but if he’s in possession of it, he can be booked under NDPS Act, even for conscious possession. Arbaaz is Aryan’s childhood friend. He had gone to the house of Aryan. Both travelled from Aryan’s house in the car till the international cruise terminal where they were apprehended. They were to stay in the same room had they boarded the cruise. Accused Aryan was found in conscious possession of contraband.”
NCB also said WhatsApp chats showed that the applicant made an attempt to deal with commercial quantities. “Even if he (Aryan) may not be found in physical possession but accused Arbaaz was. Total eight persons out of 11 based on a secret note were apprehended. When we apprehended them, multiple drugs were found from them.”