NCB Vs Aryan Khan and others: Inside track on courtroom fight for bail

By Asianet Newsable English | First Published Oct 14, 2021, 9:31 AM IST

Bollywood megastar Shah Rukh Khan's son Aryan Khan and other accused in the Mumbai cruise rave party case spent another night in the Arthur Road jail after their bail hearing was adjourned for a day yesterday.

During the course of the bail hearing, which will continue from noon on Thursday, Aryan Khan's counsel Amit Desai argued that there were drugs that were found in his possession. The Narcotics Control Bureau, on the other hand, has contended that if given bail the accused could tamper with the evidence.

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Let's take a look at what both sides have been saying:

NCB's charges against Aryan and other accused

* Aryan was in contact with persons living abroad who are part of an international drug network.

* Aryan involved in illicit procurement and distribution of contraband.

* Aryan is influential and may tamper with evidence if he is released on bail.

* Aryan procured narcotics from Arbaaz Merchant.

* Two individuals -- Shivraj Ramdas Harijan and Aachit Kumar -- supplied narcotics to Aryan and Arbaaz.

* Co-accused have been found to be in possession of an intermediary quantity of banned substances.

* NCB has sufficient material to show a conspiracy. An applicant cannot be considered in isolation. All of the accused are part of a common thread.

* WhatsApp conversations and exchanged photos to show that Aryan Khan and other accused were actively part of the drugs network.

* Aryan and Arbaaz were apprehended at the international cruise green gate Mumbai where they could not have entered without a Classic MV Empress Card.

Aryan Khan's defence

* There is no link that has been found between Aryan and any of the recoveries made by the NCB

* The recovery was not from Aryan, but from Vikrant Chhoker, Ismeet Singh and Arbaaz.

* Section 20b (possession of cannabis) of NDPS Act does not apply to Aryan as there were no drugs recovered from him.

Also Read: 'Aryan Khan has suffered enough, he’s not a peddler’

* Conspiracy under Section 29 does not apply. Only Aryan and Arbaaz were together. There is no conspiracy.

* The allegation of Section 27A of the NDPS Act (illicit trafficking) on Aryan is inherently absurd.

* NCB relying solely on WhatsApp conversations to entangle Aryan in the proceedings.

* They are some young kids. They are not peddlers, racketeers or traffickers. In many countries these substances are legal. Let us not penalise in bail.

* Let us not make it worse for the young kids. They have suffered enough, they have learnt their lesson, if at all.

* India had moved into a reformative state. Punishment for consumption has been lowered from five years to one in 2001.

Also Read: Aryan Khan to Salman Khan to Sanjay Dutt: 5 celebs who were imprisoned in Arthur Road Jail

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