Aryan Khan, son of Bollywood actor Shahrukh Khan, was in touch with persons abroad who were part of international drug network, the Narcotics Control Bureau (NCB) told a Mumbai court on Wednesday, opposing grant of bail to Khan and other accused.
In its detailed response to the bail applications filed by Khan and some other accused, the NCB said that the material collected during investigation primarily revealed that Khan had played a role with respect to illicit procurement and distribution of contraband.
"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," the NCB response said.
The role of one accused cannot be dissected from another, the NCB submitted while opposing the bail plea.
The NCB further said that Khan is an influential person and is likely to tamper with evidence or flee justice if released on bail.
The NCB response specifically dealt with Khan's contention that no drugs or any other banned substance was recovered from him.
Even if there was no recovery of substance, the accused were involved in conspiracy, the reply stated.
It further claimed that Khan procured contraband from Arbaaz Merchant and had played a role in so far as illicit procurement and distribution of contraband is concerned.
Khan and Merchant have been in close collaboration with each other which is sufficient to attract offences under Section 29 NDPS act, it was submitted.
It was Aachit Kumar and Shivraj Ramdas Harijan who supplied charas to Khan and Merchant, the reply further said.
The NCB highlighted that there have been several seizures in intermediary quantity from co-accused. There was also seizure of commercial quantity of mephedrone from one accused.
The investigation reveals that all persons form part of larger chain and their involvement in conspiracy to commit illegal acts cannot be ruled out.
There was sufficient material in the form of whatsapp chats, pictures, etc to show that Khan was an active part of the illicit drug chain with other co-accused.
The NCB, therefore, underscored that all the accused persons are an integral part of a common thread which cannot be separated or dissected from each other.
In such situation, the quantum of recovery (of drugs), from one individual becomes inconsequential and none of them can be considered in isolation for grant of bail.
Thus, one of these applicants (Khan) cannot be considered in isolation and granted bail on the basis that there was no recovery from him, the NCB submitted.
It was also contended that Khan and Merchant were apprehended at the international cruise green gate Mumbai where they could not have entered without a Classic MV Empress Card.
So investigation is imperative to find out these aspects.
Mere speculation that maximum punishment against Khan will be only one year imprisonment, is purely based on surmises and conjectures when NCB has sufficient material to show ingredients of conspiracy.
Thus, the rigours of Section 37 of Narcotic Drugs and Psychotropic Substances Act (NDPS Act) against grant of bail will apply, the NCB said opposing the bail plea by Khan.