Shah Rukh Khan's son Aryan, two others get bail in drugs on cruise case
Mumbai, Oct 28: The Bombay High Court on Thursday granted bail to Aryan Khan, Arbaaz Merchant, and Munmun Dhamecha in the high-profile drug bust case.
"Bombay HC has granted bail to Aryan Khan, Arbaz Merchant, Munmun Dhamecha after hearing the arguments for three days. The detailed order will be given tomorrow. Hopefully, all they will come out of the jail by tomorrow or Saturday," former AG Mukul Rohatgi, who represented Aryan Khan in the case, said.
Aryan Khan, son of Bollywood superstar Shah Rukh Khan, was arrested on October 3 after the NCB raided a Goa-bound cruise ship off the Mumbai coast and claimed to have recovered drugs from some persons.
They were booked under relevant sections of the Narcotics Drugs and Psychotropic Substances Act (NDPS) for possession, consumption, sale/purchase of banned drugs, conspiracy, and abetment.
Aryan Khan was denied bail twice even as his lawyers argued that he has not been found in possession of drugs.
However, the NCB opposed his bail plea stating that he was part of the conspiracy and his WhatsApp chats indicated his involvement in drug dealings.
ASG Anil Singh, appearing for NCB, told the court that Aryan Khan was not a first-time consumer of drugs and he had links with the drug peddlers. He said that although Khan was not in possession of drugs, he was still part of the conspiracy.
"If two people are travelling together, and the first person knows the drug is with the other and it is for their consumption...Though the person may not be in actual physical possession, he may be in conscious possession," Singh argued as per the news agency ANI.
The NCB counsel said that the two were childhood friends, travelling together, and planned to stay together. Khan knew that drugs was in Arbaaz's possession and "Charas was for smoking and it was for the consumption of both though it was with Arbaaz physically," he added.
The NCB's lawyer pointed out the Showik Chakraborty vs Union of India case where the court had refused to grant bail for alleged procurement of drugs, despite no recovery being made from the accused.
He added, "Defence has spoken about testing. Why testing? Our case is not of consumption but of possession. Accused 1 was in conscious possession of drugs."
On asking on what basis the NCB found Aryan dealing in a "commercial quantity", Anil Singh said that the WhatsApp chat clearly indicated that he made an attempt to deal in commercial quantity (of drugs).
Concluding his submission, Anil Singh said, "Conspiracy is difficult to prove, the conspirators know how they conspired. I leave it to the conscious of the court."
However, former Attorney General of India, Mukul Rohatgi, argued that the entire case was built on a two-year-old WhatsApp chat and had no links to the cruise case.