GROUNDS OF PRIME ACCUSED ARYAN KHAN'S BAIL IN THE CRUISE SHIP DRUG CASE

Justice Nitin Sambre of the Bombay High Court granted bail to the prime accused, Aryan Khan, and co-accused Arbaaz Merchant and Munmun Dhamecha in the cruise ship drug case. 

Senior Advocate Mukul Rohatgi, appearing for Aryan Khan, prayed for submission of cash surety, and however, Justice Sambre rejected the same. Additional Solicitor General Anil Singh, appearing on behalf of NCB, argued before the court that the case against the accused, Aryan Khan is not for consumption but for 'conscious possession and plan to consume.' Anil Singh further argued that the Whatsapp chat revealed that they were going to have a "blast" on the cruise. The Charas recovered from co-accused Arbaaz Merchant was for the consumption of both the accused.

Moreover, drugs were found from eight co-accused, which corroborated with the WhatsApp chats. The total quantity of drugs recovered is of commercial quantity under the Act. Section 37 (on restrictions on grant of bail) Kicks in because the NCB has invoked Sections 28 (attempt to commit offense) and 29 (conspiracy) of the NDPS Act.

Senior Advocate  Rohatgi contended that the arrest of the accused was illegal, and conspiracy charges were not present in the memo but were invoked later. "Conspiracy exists when there is a meeting of minds. However, there was no meeting of minds and no discussion to meet, get the substance, and smoke it in the instant case. There is nit material to call it a conspiracy." "Aryan only knew Arbaaz, and it is difficult to prove that there exists a common meeting of the mind. But Facts cannot be ignored. How can there be conscious possession for 6 grams."

On October 26, Senior Advocate Rohatgi made detailed arguments. He argued that Aryan cannot be held liable as Charas recovered from the shoes of Arbaaz. No illegal substance was recovered from Khan, and there is no evidence to show any conspiracy. And the WhatsApp chats that NCB relied on were from a much earlier period.

Author: Papiha Ghoshal