Aryan Khan denied bail: Nawab Malik describes case as 'fake', alleges procedural lapses

Weighing in on the rejection of Aryan Khan's bail petition, NCP spokesperson and Maharashtra Minister Nawab Malik alleged that the entire case was "fake". Reiterating his charge that no drugs were recovered from the cruise, he also asserted that the blood and urine samples of the accused were not collected by the Narcotics Control Bureau. Casting aspersions on the functioning of the NCB, he claimed that it was falsely implicating people in collusion with BJP. 

NCP leader Nawab Malik remarked, "This case is fake. The lawyers of the accused will move the High Court for bail. It is their prerogative. But I am saying from day one that no drugs were seized from the cruise. The photos of the seizure are from the office of Sameer Wankhede." 

"In the past, whenever there were rave parties, the blood and urine samples of the suspects were taken and they were released. If the sample was positive, they were arrested and produced in court. However, the NCB has not taken any blood or urine samples of those accused or arrested during the year. The samples of the accused who are being detained are not being tested as their samples will not be positive," he added. 

Aryan Khan remanded to judicial custody

Bollywood superstar Shah Rukh Khan's son Aryan Khan was among 8 persons who were arrested on October 3 after a team led by NCB Zonal Director Sameer Wankhede raided the Cordelia cruise ship in Mumbai. During the operation that was carried out on the basis of specific information, the NCB officers seized 13 grams of Cocaine, 5 grams of Mephedrone, 21 grams of Charas, 22 pills of Ecstasy and Rs.1,33,000. They have been charged under Sections 8(c) r/w 20(b), 27, 28, 29 and 35 of the Narcotics Drugs and Psychotropic Substances Act.

Mumbai’s Esplanade Court initially remanded them to NCB custody until October 4 and then till October 7. While they were sent to judicial custody for 14 days thereafter, a metropolitan magistrate’s court in Mumbai denied bail to Aryan Khan and co-accused Arbaaz Merchant and Munmun Dhamecha on October 8. In another setback for them, Judge VV Patil of the special NDPS court rejected their bail pleas on October 20.

NDPS court rejects bail plea

Claiming that he had been falsely implicated in the case, Aryan Khan's lawyer argued that his client was not connected in any way with the sale or use of any narcotic drugs. Highlighting that no narcotic drugs were found in his possession, it was submitted that the accused will not abscond owing to the fact is a permanent resident of Mumbai with no criminal antecedents. Pressing for relief, Aryan Khan expressed willingness to cooperate with the investigation agency as and when required. On the other hand, the NCB alleged that he played a role in the procurement and consumption of drugs.

It asserted that SRK's son used to procure drugs from his "friend" Arbaaz Merchant from whose possession 6 grams of Charas was found. The agency also alleged that Khan was in touch with some persons abroad who appeared to be a part of an international drugs network for the "illicit procurement of drugs". Moreover, it added that the person who would supply drugs to him was arrested with 2.6 grams of Ganja.

While acknowledging that nothing was found in the possession of Aryan Khan, the court referred to his and Merchant's admission in their "voluntary statements" that they were carrying the drugs for consumption and enjoyment. Citing a verdict of the Supreme Court, it held that both Khan and Merchant were in "conscious possession" of drugs. Additionally, it accepted the argument of the Additional Solicitor General that the role of the accused cannot be segregated as they are a part of a large drug network.

Most importantly, the court observed, "During course of argument, WhatsApp chats were shown to the Court. Perusal of WhatsApp chats reveal that there are chats of applicant/accused no.1 (Aryan Khan) about drugs with unknown persons. There is also reference of bulk quantity and hard drug in the chats. There is prima facie material showing that the applicant/accused no.1 was in contact with persons dealing in prohibited narcotic substances as alleged by the prosecution." 

Disagreeing with the defence counsel's submission that WhatsApp chats cannot be relied upon as they are not supported with a certificate under Section 65B of the Indian Evidence Act, Judge VV Patil noted that it was not required at this stage of the investigation. It also ruled that Section 29 of the NDPS Act (punishment for abetment and criminal conspiracy) in this case citing that the accused acted in conspiracy with each other. Furthermore, the special NDPS court referred to the Rhea Chakraborty case to emphasize that all offences under the NDPS Act are non-bailable. 

Revealing that Aryan Khan hadn't disclosed the names of the drug dealers based abroad during his interrogation, it expressed apprehension that the former might tamper with the evidence if he is released on bail. Pointing out that the WhatsApp chats prima facie reveal that Khan is dealing with illicit drug activities on a regular basis, the court concluded that this is not a fit case for granting bail. Meanwhile, the Bombay High Court has agreed to hear the bail petition of Aryan Khan, Merchant and Dhamecha on Tuesday, October 26.