The Narcotics Control Bureau (NCB) on Wednesday alleged that Aryan Khan, the accused in the mid-sea drug bust case, had a role to play in the illicit procurement and distribution of drugs and that he was in touch with some persons linked to an international drug network, even as a Special Court adjourned the hearing on bail pleas of Aryan and others for Thursday after partly hearing the arguments.
On a day when the arguments on the bail pleas of Bollywood superstar Shah Rukh Khan’s eldest son Aryan and other accused in the case remained inconclusive, the NCP upped the ante by making a sensational allegation: “There is material on record to show that Khan was in touch with some persons abroad who appear to be a part of an international drug network for illicit procurement of drugs. The investigation is still in progress”.
During the inclusive arguments, Aryan’s senior lawyer Amit Desai, Advocate Taraq Sayed, who appeared for Arbaaz Merchantt, lawyer Ali Kashif Khan Deshmukh, who represented Munmun Dhamecha and Advocate Raman, who appeared for Mohak Jaswal put up their side of arguments, pressing for bail for their clients. Additional Solicitor General (ASG) Anil Singh, appearing for NCB, opposed the bail pleas.
The Special court is hearing the bail pleas of Aryan and four others ---Arbaaz Merchant, Mohak Jaswal, Nupur Satija, and Munmun Dhamecha. Special judge under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) VV Patil adjourned the hearing on the bail applications for 11 am on Thursday.
Twenty-three-year-old Aryan and four others --- Arbaaz, Mohak, Nupur and Dhamecha – were among the eight persons arrested by the NCB on October 3, a night after the NCB officials busted a rave party and seized 13 grams of cocaine, 5 grams of MD (Mephedrone), 21 grams of Charas, 22 pills of MDMA (Ecstasy) and Rs 1.33 lakh in cash from Goa-bound cruise ship off the Mumbai coast here.
The total number of arrests in the sensational drug bust case has gone up to 20, with the arrest of a foreign national Okara Quazma and a local person Shivraj Harihan.
Earlier, in its affidavit filed before the court, the bail applications made before Special Judge, the NCB stated: that the material collected during investigation had primarily revealed that “Khan has played a role in so far as illicit procurement and distribution of contraband is concerned”.
Rebutting the contention of Aryan’s lawyers that since the offences arraigned against Khan are Sections 8(c), 20(b), 27, 28, 29, 35 of the NDPS Act and that since no Narcotic drugs or psychotropic substance has been recovered from him, the bar against grant of bail under Section 37 of the NDPS Act would not apply, the NCB told the court: “The role of one of the accused cannot be dissected from another. Even if there is no recovery of small substances, the accused are involved in conspiracy”.
The NCB also told the court : “Aryan (Khan) and Arbaaz (Merchantt) have been associated in close collaboration with each other which is sufficient to attract offences under Section 29 NDPS act. It is so far apparent that Aachit and Harijan (two other arrested accused) supplied charas to Khan and Merchantt”.
“All ingredients of crime that are preparation, intention, attempt and commission are present for this applicant. The allegation of false implication is untrue and misleading as there is sufficient material in the form of WhatsApp chats, pictures, etc,” the NCB affidavit stated.
“A bare perusal of the panchnama clearly reveals that Khan and Merchant were apprehended at the international cruise green gate Mumbai. So the investigation becomes imperative as to how the accused were to enter the cruise without a Classic MV Empress card,” the NCB told the court.
Making a strong case for his client, Aryan’s lawyer Amit Desai read out from the panchnama and said: (Arbaaz) Merchant admitted that he is consuming charas with (Aryan) Khan. On asking ( Aryan) Khan, he also said he consumes charas. The substance was sealed. Then, a combined search was carried out. They found 6 gms of charas from Merchant. The first fact which is relevant is on their own panchnama, there is no recovery of possession. There is no debate on this, it is admitted and undisputed”.
Desai went onto tell the court that the NCB had seized a small quantity from Merchant. “The starting point of information is use, sale and consumption, but there is recovery from three persons so far but no recovery from me (Aryan)”.
At one stage of arguments, Desai said: “.... there is an active drug chain, the prosecution) says. We see illicit trafficking in this reply throughout. They dump it all on (Aryan) Khan. And I am sure they know that it is a serious offence. In the NDPS Act, illicit trafficking is a term of law. It is not a casual term.
“The NCB, which knows the NDPS Act inside out, should know what is illicit trafficking. This boy has been charged with illicit trafficking. In SC terms, it is'inherently absurd’," Desai argued.
“There is no recovery against him, and they are saying there is recovery from Dhamecha and Gomit etc. Nothing from this boy, he was not even on the cruise and they say illicit trafficking!.... They are talking about cultivation, sale, purchase, there is nothing against him! And this is a responsible agency... They are saying illicit trafficking and the only provision which deals with that is Section 27A,” Desai told the court.
