Aryan Khan, son of actor Shah Rukh Khan was sent to NCB Custody till October 7 in connection with the seizure of drugs on a luxury cruise ship off the Mumbai coast.
The Additional Chief Metropolitan Magistrate, RM Nerlikar said that the materials found against the accused people by the NCB along with some new facts need to be verified.
Additional Solicitor General Anil Singh, demanded the custody of Aryan Khan till October 11.
“Ultimately we have to see the purpose and object of the Act. It is to remove the drug menace from the society. You can’t claim that just because you are found with a small quantity or nothing, you are entitled for bail. We have to reach the suppliers, where the financing is happening. Grant us custody for some more days.”
“It is not disputed that the High Court judgement in Rhea Chakraborty case, all the offences are non-bailable. So the question of bailable, non-bailable doesn’t arise. If considered the allegations made by the prosecution and the fact that co-accused was involving in the offence, present accused was accompanying them. Investigation is of prime importance. Presence of accused with NCB is necessary.”
Justice RM Nerlikar ordered.
Narcotics Control Bureau (NCB) was given the custody of Aryan Khan, son of the Bollywood actor Shah Rukh Khan by a Mumbai Court , till October 4. He was remanded in the NCB custody for one day in Cordelia Cruise Ship drug case.
NCB also arrested Arbaz Merchant and Munmun Dhamecha. The trio was arrested for consumption, sale and purchase of drugs under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The NCB listed out the seized contraband, including 13 gram of cocaine, 5 gram of MD, 21 gram of charas and 22 pills of MDMA along with ₹1.33 lakh cash.
According to the remand copy of NCB, shocking incriminating material were found in Aryan Khan’s phone in the form of pictures and chats, pointing towards international drug trafficking. It also mentioned procuring drugs for further sale, commercial quantities of drugs have been found with the supplier.
A man named Shreyas Nair was taken in custody by the NCB who supplied drugs to Aryan Khan and his friend Arbaz Merchant. The name of Shreyas Nair was revealed in the chats of Aryan Khan and Arbaz Merchant. The NCB said that the trio met at parties and consumed drugs, which was quite evident from Aryan Khan’s mobile chats.
The NCB counsel Advait Sethna sought the remand of the arrested people till October 5.
“The quantum of the contraband found at the party is significant. I’m not venturing into the merits of the matter..I also know that the offences are bailable. People may have their own status but the law and yardsticks should be applicable for everyone and we should not be accused of pick and choose,” Advait Sethna said.
However, Satish Maneshinde, Aryan Khan’s lawyer said that his client was invited to the party by the organisers and he was not found with contrabands and that he should only be taken for one day remand. He further stated that due credence should be given to the facts.
On behalf of Aryan Khan, Maneshinde said, “I landed there with a friend of mine on an invite from the organisers. I got to know that the best suit was allotted to me. I have not paid anything for this party. My bag was searched but nothing was found. After some time they took the custody of my phone and began interrogating me. Mr. Merchant is a friend of mine and he was found in possession and then we were arrested.”
Satish Maneshinde. (Aryan Khan’s Lawyer)
“Your honour may take me in custody and remand me for one day so that whether investigation needs to be done is done. Because I’m neither found in possession nor is there an allegation of consumption. None of the sections attracts the embargo under Section 37 of the NDPS.”
Maneshinde also argued that, even if the offences Aryan Khan has been charged with are non-bailable, he is entitled to bail.
“Even if the charges are non-bailable as argued, based on Rhea’s case, I’m entitled to bail. In Rhea’s case Section 27A was invoked for financing. If material is seized from other accused then it can not be foisted on me.”
October 8: Interim Bail plea filed by Aryan Khan and others in connection with the Drug Raids case has been rejected by the Magistrate court on Friday. NCB said that Aryan Khan is an influential person and he may tamper with evidence.
Aryan Khan’s lawyer Maneshinde opposed the ground and said that his status can’t decide whether he will tamper with the evidence or not.
“Merely because person belongs to affluent family, it cannot be said that evidence will be tampered with. What influence have i used? I am suffering for 6-7 days. People roaming free with much serious offences. I’m not one of those,” said Maneshinde.
Additional Metropolitan Magistrate R.M. Nelikar said that the applications are not maintainable before it.
ASG Anil Singh, appearing for the NCB said that the offences alleged against the accused is highly triable by the special court of Sessions under NDPS Act and not under the Magistrate court
The Court had rejected the further NCB custody for Aryan Khan, he now has been sent to 14 days judicial custody.
October 13: Aryan Khan’s Counsel Amit Desai told Mumbai Police sessions court that the allegations made by the Narcotics Control Bureau (NCB) against Shah Rukh Khan’s son Aryan Khan who is involved in trafficking of drugs in the cruise ship drug case, is absurd as Khan was not even in the cruise ship and there was no recovery of any banned drugs from him.
“In SC terms, it is ‘inherently absurd’. There is no recovery from him, and they are saying there is recovery from Dhamecha and Gomti etc. Nothing from this boy, he was not even on the cruise and they say illicit trafficking.”
He also said that Aryan was not arrested for the offence of selling drugs under Section 27A of the NDPS Act.
“I was only arrested for Sections 27, 20(b), 28, 29, 8(c) of NDPS Act. Whatever milords will read about illicit trafficking in the reply, please bear in mind that Khan was not arrested for 27A.”
Desai on Wednesday said that Aryan possessed no drugs.
“The remand orders states what quantity was recovered. When it came to Khan, none was recovered from him. From Merchant, only 6 gms of charas was recovered. The 13 gms of cocaine are not from Khan, nothing is from him. He did not even have cash, he did not have any plans to consume or sell drugs.”
ASG Anil Singh, representing the NCB told the court that Aryan Khan cannot escape liability on the ground that no drugs was recovered from him.
“In a case of conspiracy, it is no like the day he was arrested, we knew it was conspiracy. We added that in the third remand. There are 20 accused and out of them there are peddlers and there is evidence of Khan and Merchant talking to them.”
He also added that “Merchant went to Khan’s residence in the same car and they were at terminal where they were caught. The contraband with Arbaaz was for their consumption and both knew about it. Khan also knew that Merchant had it .“
However, the hearing before special judge VV Patil was inconclusive and will resume on Thursday at 11 am.
October 14: The Special NDPS Court in Mumbai reserved its order on bail application of Aryan Khan son of Bollywood actor Shah Rukh Khan in connection with the banned drugs onboard a cruise ship for October 20. Aryan Khan was arrested by the NCB during the raid and was sent to judicial custody last week. He will spend six more days in Mumbai’s Arthur Road Jail.
Amit Desai, Aryan Khan’s lawyer appreciated the NCB for curbing drug menace but at the same time reminded them of his client’s constitutional rights.
The Narcotics Control Bureau said that the evidence shows Bollywood superstar Shah Rukh Khan’s son is a regular consumer of drugs since three years. They even said that the drugs found with Arbaaz Merchant was for the consumption of both Aryan and Arbaaz. Hence, bail shouldn’t be granted to Khan as he may tamper with evidence and may influence the witnesses.
NCB counsel ASG Anil Singh opposed Aryan Khan’s bail.
“Argument is, they are kids. One of the considerations for granting bail. I don’t agree with this. Sir, they are our future generation. The entire country will be depending on them. This is the land of Mahatma Gandhi, Gautam Buddha. We have to stop this drug abuse. We have been taking this matter very seriously. We are looking into the chain, into the transaction.”
Countering the arguments presented by NCB, Amit Desai said that we should fight for constitution.
“We have an equal duty to the constitution. The provisions of the NDPS were amended. Application of bail provisions was also restricted to those who committed serious offences. Without affecting the ongoing investigation, bail can still be granted.”
He further added, “In relation to this gentleman, this department may have crossed the legal line to persuade the lordship of his crime. Let me assume, there is a confession of consumption. What’s the worse? One year.”
Adwait Tamhankar, lawyer of co-accused Arbaaz Merchant said, “Further investigation for showing conspiracy, so bail can’t be given at this juncture, was the main argument. But this can’t be refused. Even on October 20, it isn’t fixed that this order will come. The judge has said, ‘he will try’. “
The Lawyers of both the accused has stated that if the court denies bail, then they will approach the Bombay High Court.
Aryan Khan was arrested under sections 8(c), 20(b), 27, 28, 29 and 35 of the NDPS Act regarding possession, consumption and purchase of drugs. The NCB had claimed that WhatsApp chats of Aryan Khan indicated discussing modes of payment to be done for procurement of drugs and several code words were being used.