Aryan Khan’s bail plea: What lawyers said as court to hear petition on Oct 13

Aryan Khan is currently in judicial custody and the 23-year-old approached the special court for bail after his plea was rejected by a magistrate's court.

A special court under the Narcotics Drugs and Psychotropic Substances (NDPS) Act on Monday directed the Narcotics Control Bureau (NCB) to file its reply on Wednesday, October 13, to a bail plea filed by Aryan Khan, son of Bollywood star Shah Rukh Khan, arrested in connection with the seizure of drugs onboard a cruise ship last week. Special judge VV Patil said he would hear Aryan Khan’s bail plea on Wednesday.

Aryan Khan was detained on October 2 and arrested by NCB the next day.  (File Photo)

Aryan Khan is currently in judicial custody and lodged at the Arthur Road prison in Mumbai after he was arrested on October 3. The 23-year-old approached the special court for bail after his plea was rejected by a magistrate's court which said that it did not have the jurisdiction to decide the matter. Aryan Khan has been charged with offences under Sections 8(c), 20(b), 27, 28, 29 and 35 of the NDPS act related to possession, consumption and purchase of drugs. The NCB has so far arrested 20 people in connection with the case.

The NCB's advocates AM Chimalkar and Advait Sethna sought a week's time to respond and file their affidavit after Aryan Khan's counsel Amit Desai mentioned the bail plea in the special court. The NCB lawyers said the investigation in the case was still ongoing and the central agency needs to collect material. They also said that it needs to be seen if releasing Aryan Khan on bail would hamper the probe into the case.

However, Desai objected to the NCB lawyers argument, saying a person's liberty is in question and said that releasing Aryan Khan on bail will not stop the NCB’s investigation. "The NCB can continue their probe. That is their duty. But keeping my client (Aryan Khan) in custody, especially when there has been no recovery (of drugs) from him, is not required," Desai said, according to news agency PTI. "He has not been found in possession of any narcotics and there is no other material against him. Since his arrest, he has been in the custody of the NCB for a week and his statement was recorded twice. Why does he still need to be in jail?" he said.

Chimalkar said that the NCB needs at least a few days time to file its reply. "What Desai is arguing appears to be rosy, but this is not what the investigation reveals or divulges. Aryan Khan is in judicial custody. Whether his release on bail will affect or hamper our investigation needs to be seen," Chimalkar said, according to PTI.

Sethna told the court that there was no extreme urgency for the bail plea to be heard immediately. To which, Desai asked the court to hear and decide Aryan Khan's plea separately, saying the recovery of drugs from each accused in the case was different. However, the NCB lawyers opposed it and said the conspiracy is the same.

Arbaaz Merchant, Munmun Dhamecha, Nupur Sateja, and Mohak Jaiswal—the four other accused in the case—have also filed their bail pleas in the special court.

(With agency inputs)