WhatsApp chat alone cannot be basis to deduce Aachit Kumar supplied drugs to Aryan Khan: Mumbai court

WhatsApp chat alone cannot be the basis to deduce that Aachit Kumar, co-accused in cruise ship drug case, supplied to drugs to prime accused Aryan Khan and another co-accused Arbaaz Merchant, a Mumbai court observed while granting bail to Kumar. .The Special Judge VV Patil said that though the Narcotics Control Bureau (NCB) claimed that Kumar was the supplier, it failed to bring on record specific evidence to show that applicant was in the business of supplying contraband. The judge also noted that except WhatsApp chats, no other evidence was produced to show that Kumar was indulging in such activity. Moreover, prime accused Khan has been granted bail by the Bombay High Court, judge Patil further said."Merely on the basis of WhatsApp chats, it cannot be gathered that applicant used to supply contraband to accused nos.1 & 2, especially when the accused no.1, with whom there are whats app chats of applicant, is granted bail by Hon’ble High Court," the 14-page order stated. .The NDPS Court granted bail to Kumar on Saturday after reserving the order on his application on October 27, 2021. Advocate Ashwin Thool appeared on his behalf..Special Public Prosecutor Advait Sethna representing NCB, pointed out that the investigation had revealed that Kumar used to possess contraband in quantities higher than what was needed for personal consumption.He was also responsible for distributing the same to Khan and Merchant. This was evident based on WhatsApp conversations allegedly exchanged between the two, it was submitted..However, Thool said that the conversation between Kumar and Khan were purportedly about an online poker game, which the two used to play together.Thool clarified that the conversations were limited to the poker game and had nothing to do with the cruise ship party..Kumar's bail order came two days after the Bombay High Court granted bail to Khan and co-accused Arbaaz Merchant and Munmun Dhamecha in the case..Judge Patil also observed in the 14-page reasoned order that since the accused who have been alleged to have acted in conspiracy with Kumar had been granted bail by the High Court, the allegation of conspiracy would not be applicable to Kumar. Hence, Section 37 of NDPS would not apply, the Court said..[Read Order]