A special Mumbai court on Wednesday rejected the bail application filed by Aryan Khan, son of Bollywood superstar Shah Rukh Khan, and two others in connection with the seizure of banned drugs onboard a cruise ship off the Mumbai coast. Special Judge V V Patil, designated to hear cases related to the Narcotics Drugs and Psychotropic Substances (NDPS) Act, rejected the bail pleas of Aryan Khan, his friend Arbaaz Merchant and fashion model Munmun Dhamecha. Aryan’s lawyer, senior counsel Amit Desai, told reporters outside the court that they will challenge the order in a higher court. LIVE updates
“We have to read the order first…I don’t have the order yet. We will move the Bombay HC once we get the order,” Desai said right after the special court rejected their plea. Within an hour, Aryan’s lawyers moved the Bombay high court, but as the judicial board had been discharged by then, the matter is most likely to be posted on Thursday.
Aryan has been in Mumbai’s Arthur Road jail since October 8, his 14-day judicial custody will end on Thursday. It is a mere formality that the duration of his custody will be increased again. He will most likely not be produced before the court.
Buoyed by the court’s order in their favour, NCB’s zonal chief Sameer Wankhede, who is not only spearheading the case but has also been the target of various allegations pertaining to the probe, reacted to the news with: “Satyamev Jayate. Let my detractors say anything. I will just work.”
This is the second time the 23-year-old has been denied bail. His first application, filed before the magistrate court, was rejected on the grounds of jurisdiction. The court said the plea was not admissible as it was a case pertaining to the NDPS Act.
Aryan Khan, Merchant and Dhamecha were arrested by the Narcotics Control Bureau (NCB) on October 3 for alleged conspiracy, possession, consumption, purchase and trafficking of drugs. The trio is presently in judicial custody. While Aryan Khan and Merchant are lodged at the Arthur Road prison in Mumbai, Dhamecha is lodged at the Byculla women’s prison.
Aryan Khan and others accused in the case have been booked for offences under Sections 8(c), 20(b), 27, 28, 29 and 35 of the NDPS Act.
Last week, the NDPS court, after hearing arguments, had posted the matter for orders today.
Appearing for the NCB, Additional Solicitor General (ASG) Anil Singh had claimed that there was evidence to show that Aryan was a regular consumer of drugs for the last few years.
He also reiterated the charge of conspiracy against Aryan, based on his WhatsApp chats. Since his arrest, the NCB has maintained that though nothing was recovered from him personally, Aryan’s WhatsApp chats revealed his links with drug peddlers.
The ASG had further contended that drugs were seized from Merchant at the docks, and they were meant for consumption by both Aryan and him. The NCB has also been claiming that Aryan was in contact with members of an international drug racket.
The NCB said it was in touch with the External Affairs Ministry to identify them. Singh also cited a high court ruling in another case that if an accused is shown to be in touch with drug dealers, bail cannot be granted even though there is no drug recovery. Drug abuse is affecting youngsters, and being college-going boys should not be a consideration for bail, the NCB lawyer said, adding that the future of the country depends on this generation.
Senior Advocate Amit Desai, representing Aryan, said the NCB was pointing to international trafficking racket, but if the consumer states from where he procured drugs, then “the chain is complete”.
The NCB itself had alleged that Aryan disclosed the name of Achit Kumar, another arrested accused, he said. The agency can continue the probe, but the allegation of links to international racket against Aryan is “inherently absurd and false”, he said. On Aryan’s WhatsApp chats, Desai said today’s youth have different ways of expressing themselves which might be a “torture” for the older generation.
The language could seem like something different than what ought to be (expected) in a court of law and might lead to suspicion, advocate Desai said. “These are private moments which are being investigated. You can go ahead and investigate…But it has nothing to do with illicit behaviour, illicit drug trafficking,” he added.
(With PTI inputs)
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