[Aryan Khan drug case] Mumbai court order tomorrow in NCB's plea for extension of time to file chargesheet

A Mumbai court will pronounce its verdict tomorrow in the application filed by Special Investigation Team (SIT) of the Narcotics Control Bureau (NCB) seeking extension of time to file the chargesheet in the cruise ship drug case in which Bollywood actor Shahrukh Khan’s son Aryan Khan is the prime accused..Special Judge under the Narcotic Drugs and Psychotropic Substances (NDPS) Act VV Patil heard the parties for over two hours on Wednesday before reserving his verdict..Special Public Prosecutor Advait Sethna argued that there were compelling reasons in the application to allow extension of time to file chargesheet.“Detailed application is not required, what is required is compelling reasons,” Sethna said.He stated that the application contained three parts - compelling reasons for extension, grounds for extension and details regarding the progress of investigation.Sethna argued that considering the application has been filed within the period of 180 days (which is the time period for filing of the chargesheet), even if the application is decided after the period expires, it will not entitle the accused to default bail.As for the malafides alleged by the accused, Sethna pointed out that both sides may have their contentions, but what was required was to follow the mandate of the Supreme Court while considering the compelling reasons.“We are not holy cows, they are not holier than thou. Both sides have stories to tell,” Sethna contended.Sethna further submitted that it was not the intention of the agency to hide the status of the investigation. Sethna pointed out to the court that statements of 15 key suspects were remaining and investigation regarding some of the accused was missing since they were interconnected.He also added that the prosecution was not obligated to provide copy of the report of the public prosecutor as per judicial mandate of the division bench of the Delhi High Court, and hence the NCB has not committed any judicial impropriety of giving the defence a copy..Opposing the extension application, Advocate Kushal Mor for Abdul Kadar Shaikh, one of the two accused in custody, submitted that the application was a ruse to keep him behind bars.“I am in custody since October 4 and admittedly the investigation is complete against me. So there is no justifiable reason for my continued incarceration for another 90 days,” he argued.He also pointed out that the Court is expected to decide whether the agency could file a chargesheet now and a supplementary chargesheet later.He pointed out that the reasons in the application were not compelling enough to get extension.He stated that the grounds mentioned in the application failed to disclose which of the accused were not co-operating with the investigation as alleged.“In any case, the accused has the right to remain silent and by this application they want to trample on those rights,” Mor stated..Advocate Ayaz Khan appearing for the second accused in custody, Chinendu Igwe requested the Court to record his statement in its final order. “I am handicapped because of non-supply of report of prosecution to seek extension. I am handicapped in exposing the non-application of mind of the prosecutor on the report for want of copy or want of reading the report. Therefore, my right to express is affected,” he said. He added that admittedly, the prosecution had not handed over a copy to the defence.Citing an NCB case of 2020 which had actress Rhea Chakraborty as prime accused, Khan submitted that NCB had filed a chargesheet and a supplementary chargesheet in that case, so there was nothing which stopped them from doing so in the present case.He argued that with the present application it was not only the people in custody who are affected but also the 18 others who are out on bail.He concluded that analysis of digital data not having received was not a ground for extension of time to file the chargesheet..Mor was briefed by Advocate Apoorv Srivastav for Shaikh. Khan was briefed by Advocate Gorakh Liman for Igwe.

[Aryan Khan drug case] Mumbai court order tomorrow in NCB's plea for extension of time to file chargesheet

Neha Joshi

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