Aryan Khan regular consumer of drugs, says NCB; compares with Rhea-Showik case
Drawing a parallel between the cruise rave party case and that of the Rhea Chakraborty-Showik case, ASG Anil Singh on Thursday told the court that the fact that Shah Rukh Khan's son Aryan Khan was not found in possession of drugs does not mean he should get bail. In the case of Showik Chakraborty, the brother of Rhea Chakraborty, there was no recovery. But the court at that time said that the matter was being investigated, Anil Singh said.
"The record and the evidence before your honour shows that he is a regular consumer of contraband for last few years. The contraband in possession of Arbaz Merchant who accompanied Khan was for the consumption of both of them," Anil Singh said as he continued his argument opposing the bail plea on Thursday.
The agency in its reply to the bail plea, which was submitted in front of the special NDPS court on Wednesday, said the quantity of the recovery is immaterial as the initial probe has revealed that Aryan Khan is a regular consumer of drugs and used to procure through Arbaaz Merchant.
"There are provisions in the NDPS Act which have got nothing to do with quantity so that can not be the argument to say that the punishment is only for a year. Once the connection is established, then the quantity is not important. My submission is that this is not a case for grant of bail," Anil Singh said.
The NCB counsel also said that the "innocent until proven guilty" does not apply in the cases of NDPS offences. "In the NDPS Act, the presumption is of culpable a mental state, and it is for the accused to prove that he was not in possession during the trial," Anil Singh said.
As he argued on Wednesday, Anil Singh had said Aryan Khan and Arbaaz Merchant are friends and they know each other for years. Though no drug was found from Aryan Khan, he knew about the possession. His WhatsApp chats revealed references to ‘bulk quantity’, which can not be for individual consumption, the NCB counsel said accusing Aryan Khan of illicit drug trafficking.