A Mumbai Sessions Court on Wednesday rejected bail to Bollywood actor Shahrukh Khan’s son, Aryan Khan and two others in the cruise ship drug case. .The order running into 18 pages was passed by Special Judge VV Patil.Below are the grounds on which the Court declined to grant bail..Khan knew about drugs in possession of Arbaaz MerchantWhile the Court acknowledged that no drug or banned substance was recovered from Khan, it highlighted how six grams of charas was recovered from Khan's friend Arbaaz Merchant when both of them were on their way to the cruise ship. The Court said that Khan knew all along that Merchant was carrying charas and that it was for the consumption of both of them.."Perusal of papers show that though nothing has been found from possession of 1, six grams of charas was found with accused 2 which was concealed in his shoes. Admittedly, accused nos. 1 (Aryan Khan) and 2 (Arbaaz Merchant) are friends since long. They traveled together and they were apprehended together at the international cruise terminal. Further, in their voluntary statements, both of them disclosed that they were possessing the said substance for their consumption and for enjoyment. Thus, all these things go to show that accused 1 was having knowledge of contraband concealed by 2 in his shoes," the order said.In this regard, the Court adverted to the Nawaz Khan judgment of the Supreme Court in which the top court had cancelled bail granted to a companion in a vehicle driven by the co-accused from whom recovery was made."In the present case also though, no contraband is found from 1, six grams of charas was found from 2, of which 1 was having knowledge. Thus, it can be said that it was in conscious possession of both the accused. Hence all the submissions made on behalf of applicant/accused in this regard cannot be accepted," the Court said..On panchnama of recovery of mobile phones.Khan had contended that there was no panchanama of recovery of mobile phones. But the Court negatived this contention stating that Narcotics Control Bureau (NCB) showed evidence which reflected that both Khan and Merchant had surrendered their mobile phones voluntarily..[BREAKING] Aryan Khan files appeal in Bombay High Court against Sessions Court order rejecting bail in drug case.WhatsApp chatsThe Court noted that during the course of arguments, WhatsApp chats of Khan were produced by NCB which revealed that he was speaking about drugs with unknown persons. "There is also reference of bulk quantity and hard drugs in this chat. Prima facie material showing that accused no. 1 was in contact with persons dealing in prohibited narcotic substances as alleged by the prosecution," the Court stated.The Whatsapp chats prima facie revealed that he has nexus with drug suppliers and peddlers, the Court opined..Was indulging in illicit activities, likely to tamper with evidenceThe Court said that though Khan has no criminal antecedents, his WhatsApp chats reflected that he was indulging in illicit drug activities."Respondents claimed that accused no. 1 is in touch with foreign national who appear to be part of international drug trafficking and investigation in this regard is going on and respondent is tracing out criminal antecedents of said person," the Court noted.The Court also observed that during interrogation, Khan did not disclose names of said persons and he is the only person who could disclose the names of those persons.In such circumstances if Khan is released on bail, there are chances of him tampering with evidence as argued by the NCB, the Court said..ConspiracyThe Court further said that the material on record showed that Khan was prima facie involved in conspiracy under Section 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).In this regard, the Court observed that accused nos. 1 to 8 came to be arrested on the cruise and were found with certain amount of contraband, after the NCB had received specific information that a rave party was being organized on the cruise."Further during the interrogation they disclosed names of persons who supplied contraband to them. Thus, all these facts prima facie go to show that accused acted in conspiracy with each other. It transpires that all the accused are connected in the same thread," the order said.While conspiracy is something which needs to be proved at the time of trial, prima face evidence pointed towards conspiracy and abetment, the Court added. Hence, Section 29 is applicable, the Court said..Section 37 will applySince conspiracy under Section 29 is invoked, rigours of Section 37 of the NDPS Act which lays down stringent for grant of bail, would apply, the Court said. This proved to be crucial in the Court ruling against Khan.Section 37 provides that bail cannot be granted in certain categories of cases under the Act if the public prosecutor opposes the application, unless the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that the accused is not likely to commit any offence while on bail.In the instant case, there was prima facie evidence that Khan was in touch drug suppliers and was involved in illicit drug trafficking and could commit such crimes in future."Whatsapp chats prima facie reveals that Khan is involved in illicit drug activities of narcotic substances on a regular basis. Therefore it cannot be said that Khan is not likely to commit a similar offence while on bail," the Court concluded.Considering the evidence on record it cannot be said that there are reasonable grounds for believing that applicants accused no. 1, 2 and 3 are not guilty of such offence and they are not likely to commit such offence while on bail, the Court opined."As discussed above, material placed on record prima-facie shows that Section 29 of NDPS Act is applicable. Therefore rigors of Section 37 of NDPS Act would apply. Therefore it is not possible to record a satisfaction at this stage that applicants have not committed any offence under the NDPS Act," the judge said while rejecting the bail plea..[Read Order]
A Mumbai Sessions Court on Wednesday rejected bail to Bollywood actor Shahrukh Khan’s son, Aryan Khan and two others in the cruise ship drug case. .The order running into 18 pages was passed by Special Judge VV Patil.Below are the grounds on which the Court declined to grant bail..Khan knew about drugs in possession of Arbaaz MerchantWhile the Court acknowledged that no drug or banned substance was recovered from Khan, it highlighted how six grams of charas was recovered from Khan's friend Arbaaz Merchant when both of them were on their way to the cruise ship. The Court said that Khan knew all along that Merchant was carrying charas and that it was for the consumption of both of them.."Perusal of papers show that though nothing has been found from possession of 1, six grams of charas was found with accused 2 which was concealed in his shoes. Admittedly, accused nos. 1 (Aryan Khan) and 2 (Arbaaz Merchant) are friends since long. They traveled together and they were apprehended together at the international cruise terminal. Further, in their voluntary statements, both of them disclosed that they were possessing the said substance for their consumption and for enjoyment. Thus, all these things go to show that accused 1 was having knowledge of contraband concealed by 2 in his shoes," the order said.In this regard, the Court adverted to the Nawaz Khan judgment of the Supreme Court in which the top court had cancelled bail granted to a companion in a vehicle driven by the co-accused from whom recovery was made."In the present case also though, no contraband is found from 1, six grams of charas was found from 2, of which 1 was having knowledge. Thus, it can be said that it was in conscious possession of both the accused. Hence all the submissions made on behalf of applicant/accused in this regard cannot be accepted," the Court said..On panchnama of recovery of mobile phones.Khan had contended that there was no panchanama of recovery of mobile phones. But the Court negatived this contention stating that Narcotics Control Bureau (NCB) showed evidence which reflected that both Khan and Merchant had surrendered their mobile phones voluntarily..[BREAKING] Aryan Khan files appeal in Bombay High Court against Sessions Court order rejecting bail in drug case.WhatsApp chatsThe Court noted that during the course of arguments, WhatsApp chats of Khan were produced by NCB which revealed that he was speaking about drugs with unknown persons. "There is also reference of bulk quantity and hard drugs in this chat. Prima facie material showing that accused no. 1 was in contact with persons dealing in prohibited narcotic substances as alleged by the prosecution," the Court stated.The Whatsapp chats prima facie revealed that he has nexus with drug suppliers and peddlers, the Court opined..Was indulging in illicit activities, likely to tamper with evidenceThe Court said that though Khan has no criminal antecedents, his WhatsApp chats reflected that he was indulging in illicit drug activities."Respondents claimed that accused no. 1 is in touch with foreign national who appear to be part of international drug trafficking and investigation in this regard is going on and respondent is tracing out criminal antecedents of said person," the Court noted.The Court also observed that during interrogation, Khan did not disclose names of said persons and he is the only person who could disclose the names of those persons.In such circumstances if Khan is released on bail, there are chances of him tampering with evidence as argued by the NCB, the Court said..ConspiracyThe Court further said that the material on record showed that Khan was prima facie involved in conspiracy under Section 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).In this regard, the Court observed that accused nos. 1 to 8 came to be arrested on the cruise and were found with certain amount of contraband, after the NCB had received specific information that a rave party was being organized on the cruise."Further during the interrogation they disclosed names of persons who supplied contraband to them. Thus, all these facts prima facie go to show that accused acted in conspiracy with each other. It transpires that all the accused are connected in the same thread," the order said.While conspiracy is something which needs to be proved at the time of trial, prima face evidence pointed towards conspiracy and abetment, the Court added. Hence, Section 29 is applicable, the Court said..Section 37 will applySince conspiracy under Section 29 is invoked, rigours of Section 37 of the NDPS Act which lays down stringent for grant of bail, would apply, the Court said. This proved to be crucial in the Court ruling against Khan.Section 37 provides that bail cannot be granted in certain categories of cases under the Act if the public prosecutor opposes the application, unless the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that the accused is not likely to commit any offence while on bail.In the instant case, there was prima facie evidence that Khan was in touch drug suppliers and was involved in illicit drug trafficking and could commit such crimes in future."Whatsapp chats prima facie reveals that Khan is involved in illicit drug activities of narcotic substances on a regular basis. Therefore it cannot be said that Khan is not likely to commit a similar offence while on bail," the Court concluded.Considering the evidence on record it cannot be said that there are reasonable grounds for believing that applicants accused no. 1, 2 and 3 are not guilty of such offence and they are not likely to commit such offence while on bail, the Court opined."As discussed above, material placed on record prima-facie shows that Section 29 of NDPS Act is applicable. Therefore rigors of Section 37 of NDPS Act would apply. Therefore it is not possible to record a satisfaction at this stage that applicants have not committed any offence under the NDPS Act," the judge said while rejecting the bail plea..[Read Order]
