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Drugs-on-cruise case: Does Aryan Khan need to move high court to quash the FIR?

Google Oneindia News

New Delhi, May 28: Bollywood actor Shah Rukh Khan's son Aryan Khan was given a clean chit by the Narcotics Control Bureau (NCB) in the controversial Mumbai cruise drugs case in October last year.

Aryan Khan

The probe agency while giving clean chit found that the investigation into the case motivated to somehow implicate Aryan Khan. There was no recovery of drugs from him, nor was there any concrete evidence to prove that he conspired with the other accused.

Analysis of statements of Arbaaz Merchant, a co-accused, showed that Merchant never claimed that the 6 gm charas recovered from his possession was meant for consumption by Aryan.

Aryan too, in his voluntary statements, never accepted that the recovered charas was meant for him.

"In fact, Arbaaz in his statement of October 6, 2021, stated that he was warned by Aryan Khan not to carry any narcotic drug on to the cruise," the agency found during the investigation.

No recovery of drugs from Aryan Khan and non-availability of any concrete evidence which could prove role of Aryan Khan or his conspiracy with Arbaaz A Merchant or any other accused in the instant case beyond reasonable doubt, surfaced up during the investigation carried so far. Hence, no complaint is being filed against him in the instant case.

What next for Aryan Khan in Drugs-on-cruise case for Aryan Khan?

The NCB's clean chit for Aryan Khan has come as a big relief to the Shah RukhKhan family. However, there are chances Aryan Khan could be called for trial again. As per rules, if the NCB at any point of time gets some kind of evidence against Aryan Khan, it can call the star kid for investigation, by filing a supplementary chargesheet.

On the other hand, Aryan Khan can also sue officials for falsly implicating him in the case.

Aryan Khan can move court against the people that are at fault be it the NCB official, police or the complainant and sue them in a civil court and seek monetary compensation.

He may also move a criminal court for malicious prosecution, an offence that carries a punishment of up to 2 years under the Indian Penal Code (IPC).

Does Aryan Khan need to approach the high court to quash the FIR?

No, there is no need for Aryan Khan to move any court to get the FIR quashed in the case. Since NCB has not named him in the chargesheet, he need not approach any court, and there is no point in approaching any court. Clean chit is just like filing a closure report.

Khan, 24, was arrested on October 3 last year in connection with the seizure of banned drugs on board a cruise ship off the Mumbai coast. The narcotics agency busted an alleged drugs party on the Cordelia Cruise ship that was on its way to Goa at mid-sea on October 2.

The 24-year-old was in judicial custody and lodged at the Arthur Road prison in Mumbai.

In his plea ,Khan had claimed that he was innocent and has not committed any crime and that he has been falsely implicated in the case.

Khan and seven others were detained by NCB officers after they raided the cruise ship on its way from Mumbai to Goa. He was given bail on October 28, 2021, after 25 days in jail.

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