Aryan Khan case: Bail not a rule, but exception in cases under NDPS Act, says NCB

ASG Anil Singh said all the offences in the case are non-bailable under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
File photo of actor Shah Rukh Khan's son Aryan Khan being taken to Arthur Road jail from the NCB office. (PTI)
File photo of actor Shah Rukh Khan's son Aryan Khan being taken to Arthur Road jail from the NCB office. (PTI)
Updated on Oct 28, 2021 04:52 PM IST
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Byhindustantimes.com | Reported by Vinay Dalvi | Written by Sohini Goswami, New Delhi

Additional solicitor general Anil Singh said Bollywood superstar Shah Rukh Khan’s son Aryan was not a first-time but regular consumer of drugs and he was in touch with peddlers.

Singh, arguing before the Bombay high court for the Narcotics Control Bureau (NCB) in the drugs-on-cruise case in which Aryan has been arrested along with others, said a peddler, Achit Kumar, was arrested based on the star-son’s statement.

“There was mention of bulk drugs. Considering that, the offence is non-bailable,” Singh said, adding all the offences in the case are non-bailable under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

However, former attorney general of India Mukul Rohtagi, making his final arguments on behalf of Aryan, said he knew nobody on the ship except Arbaaz and Achit.  "Achit was arrested after four days. He was said to be dealer and had 2.4 grams (of drug), but a dealer should have 200gm," Rohatgi said.

Singh further said that Aryan's lawyers have argued bail is a rule, but that is not case under the NDPS Act. “Bail is not a rule. Supreme court judgements say under NDPS act, bail is not the rule, but exception. The SC says it is a heinous crime worse than culpable homicide and has to be dealt with stringently,” he said. “If a person might have not committed a crime but attempted it, that itself is a crime,” the ASG said.

“No recovery does not mean the person has not committed the offence. There was no recovery still the person can be held liable,” he said.

Responding to Rohatgi’s argument that no test was done on Aryan and hence, the arrest was wrong, Singh said if there was no consumption, why should the test be conducted. “My case is of possession. You were found in possession. Aryan Khan was found in conscious possession of contraband. He has accepted it in his statement and panchnama.

This is the third day in the bail application hearing of Aryan in the Bombay high court. Aryan was arrested with others after the NCB conducted a raid on the Goa-bound cruise off the coast of Mumbai late on October 2.

At present, Aryan is lodged at the Arthur Road Jail along with Merchant, while Munmun Dhamecha, another accused in the case, is at the Byculla women prison.

The ASG submitted chats of Aryan with Arbaaz Merchant, a friend and accused in the case, to Justice Nitin Sambre. He said the chats revealed there was an attempt to deal in drugs on commercial quantity. “Eight persons were apprehended on the ship. It cannot be a coincidence, we are investigating,” Singh said.

“From the eight persons arrested at the terminal, we have seized commercial quantity. The cruise trip was just for two days. It is a case of conspiracy. It cannot be a coincidence they gathered with multiple drugs,” he added.

Singh said that Aryan's lawyers have claimed they were not found in possession of drugs and later added it was in small quantity.

"Arbaaz has been found in possession. Aryan had knowledge (of the same). He was aware and it was consumption for both. They specifically said it was for cruise journey."

Concluding his submissions, Singh said the arrests were legal. "Conspiracy is difficult to prove, the conspirators know how they conspired. I leave it to the conscious of the court," he said.

 

 

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Thursday, December 02, 2021