A metropolitan Justice of the Peace court docket on Friday rejected the bail purposes of Aryan Khan, son of Bollywood star Shahrukh Khan, and his pals Arbaaz Service provider and Munmun Dhamecha, arrested by the Narcotics Management Bureau (NCB) following a raid on a cruise ship on the worldwide cruise terminal in Mumbai on Saturday.
Extra chief metropolitan Justice of the Peace RM Nerlikar accepted the objections raised by further solicitor common of India Anil Singh and advocate Advait Sethna on behalf of NCB that the bail pleas weren’t maintainable earlier than him.
“The bail pleas usually are not maintainable earlier than this court docket and the court docket first have to determine on maintainabilty of the pleas after which solely they will arguments be superior on deserves,” Singh asserted because the listening to began on the bail purposes.
Singh mentioned in court docket that, as per Part 36 of the Narcotics Medication and Psychotropic Substances (NDPS) Act, offences underneath the Act might be tried by a particular classes court docket, including that Bombay excessive court docket has already mentioned that NDPS Act crimes are non-bailable, and due to this fact the accused should transfer to a particular NDPS court docket for bail.
Singh additionally mentioned that the accused can’t be segregated on the idea of recoveries produced from them. “Whether or not you’re discovered with bulk amount of medicine or with no medication, because the FIR is identical, you’ll have to transfer the particular court docket the place such offences are triable,” he submitted.
Advocate Satish Maneshinde, who appeared for Aryan Khan, mentioned he has been booked underneath Part 8C of the NDPS Act, however the part was not relevant to him. He mentioned NCB officers have solely discovered some WhatsApp messages of curiosity from Aryan Khan, and since his cell handset is already with them, nothing is left to be recovered.
Maneshinde additionally contended that although Part 27 of NDPS Act for consumption of narcotics medication or psychotropic substance is utilized towards his shopper, there isn’t any materials proof to indicate that he consumed medication. In any case, he added, the utmost punishment for consumption is one yr imprisonment.
He mentioned that Part 29 of NDPS Act, for punishment for abetment and prison conspiracy, was additionally utilized towards Aryan Khan although there was no proof to indicate even an iota of conspiracy.
“No contraband materials was discovered on the 23-year-old, nothing in his bag, nothing in his automobile,” he mentioned. Maneshinde mentioned that the court docket has energy to grant remand, and the inherent energy to grant bail. He additional pressured that Aryan Khan is simply 23 years previous, has no prison background, and since nothing has been discovered on him, his bail plea must be thought of on advantage with technicalities standing in the best way.
Taraq Sayed, who appeared for Arbaaz Service provider, submitted that six grams of charas was recovered from him, and that there was nothing else to attach him with different accused. He mentioned that it was a pure case of consumption, attracting solely the penal provisions associated to consumption, and urged the court docket to grant bail.
Advocate Ali Kashif Deshmukh who appeared for Munmun Dhamecha, says that NCB had mentioned completely nothing towards his shopper as a result of nothing was discovered whereas looking out her.
Singh, who countered their arguments mentioned: “All people has argued as if I’ve opposed their proper to bail. I’ve solely submitted that it isn’t maintainable earlier than this court docket. This utility for interim or common isn’t relevant on this court docket. This court docket can grant remand that doesn’t imply you may grant bail, you’ll have to go to particular court docket for it.
Beneath the NDPS Act, there are particular provisions underneath contained in part 36A of, and even the Bombay excessive court docket has mentioned the identical, he submitted. For interim bail, too, the involved court docket might be a daily classes court docket, Singh mentioned, including that if common bail can’t be determined by this court docket, how can it determine interim bail.
The court docket accepted Singh’s objections, and rejected the bail purposes as non-maintainable.
NCB detained Aryan Khan together with seven others on Saturday night time, and arrested him on Sunday afternoon in the course of the raid on the cruise ship on which he was current. The company recovered 13 grams of cocaine, 5 grams of mephedrone, 22 drugs of MDMA (Ecstasy) — all categorised as “intermediate portions”, and 21 grams of charas, which falls underneath “small amount”, and money of ₹1.33 lakh in the course of the raid.