Bollywood superstar Shah Rukh Khan’s son Aryan will spend another night in jail as the hearing of his bail application was adjourned till 12 pm on Thursday by the Mumbai sessions court. The Narcotics Control Bureau (NCB) on Wednesday told the special court that its probe has revealed that Aryan, who is currently lodged in Mumbai’s Arthur Road jail after he was arrested in connection with the seizure of banned drugs onboard a Goa-bound cruise ship, was involved in the conspiracy, illicit drug trafficking as well as its procurement and consumption.
Newly-appointed senior counsel Amit Desai, appearing for Aryan Khan, termed the NCB’s contention as “inherently absurd” and argued that when there was no recovery of drugs from him, then he should not be penalised at the stage of granting bail.
“Firstly, there was no recovery from a person named Aryan khan. It is an undisputed fact. When it comes to the information on use, sale and consumption, that was not Aryan,” Desai told the court, adding that the accused were young adults and not drug peddlers, traffickers or racketeers.
“Let us not penalise them at this stage when bail is sought. Let’s not treat them like drug peddlers. They have suffered enough and they have learnt their lesson, if at all,” he said.
“(The charge) of illicit international drug trafficking is being dumped on Aryan. I don’t expect the NCB to use it casually. As per Supreme Court judgment, this is inherently absurd and false,” he said, adding that there was no sale, no purchase, nor any export or transhipment of any contraband. “The panchnama doesn’t even talk of international trafficking,” he said.
Additional Solicitor General Anil Singh opposed the bail plea citing the persistent drug problem in the country. “Drug trafficking, drug abuse is a serious problem. A lot of people are affected. Youngsters are affected,” he said, adding that Aryan Khan’s case wasn’t ‘a question of consumption by one person’.
“We are concerned with the entire gang which is involved in drug trafficking. To show how we are contending that this isn’t a case that someone says am only an invitee, at most who has consumed,” he argued.
Presenting transcripts of some WhatsApp chats to the judge, the ASG said, “The release of any accused will hinder the investigation. The contention of the applicant that I wasn’t carrying any contraband (is questionable). It’s been hardly 10 days. The investigation is still in progress. IN the WhatsApp chats, there is contraband, there is communication with a foreign national. These are very hard drugs. If (Section) 29 (of NDPS Act) is applied, it is a case of conspiracy. Not necessary that all of them should have knowledge of a conspiracy,” he said.
This is significant because Aryan’s main contention has been that since no drug was recovered from his person, he was innocent and that the chats were about football and not drugs, as claimed by the NCB.
Singh presented some chat transcripts allegedly between Aryan and an alleged foreign national. “Quantity is commercial. The hard drugs (are in) bulk. They can’t be for personal consumption. We have approached MEA to find how we can find this foreign national,” he said.
Meanwhile, the NCB, in its written reply to the three bail pleas stated that Aryan would procure contraband from his friend Arbaz Merchant, who was also arrested along with him. Six grams of charas was recovered from him during the raid.
And that he may tamper with evidence, may influence witnesses, considering the accused holds an influential position in society. On CCTV footage of the cruise raid, NCB said that ‘such a demand would cause great prejudice to the ongoing investigation’. The relevance of CCTV footage will be decided at the time of trial.
The anti-drug agency also alleged that accused Aachit and Harijan supplied charas to Aryan and Arbaaz. They form a part of a larger chain, nexus and their involvement in the conspiracy to commit illegal acts and violations cannot be ruled out.
In such a situation, the quantum of recovery from an individual becomes inconsequential, it said.
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