Aryan Khan was arrested earlier this month by the NCB in the drugs-on-cruise case.
Aryan Khan's WhatsApp chats appeared to reveal that he regularly indulged in "illicit drug activities", a special court in Mumbai said on Wednesday, as it turned down the bail application filed by the son of Bollywood superstar Shah Rukh Khan in the drugs-on-cruise case.
"WhatsApp chats prima facie reveals accused Aryan Khan is dealing in illicit drug activities for narcotic substances on regular basis. Therefore, it cannot be said that Khan is not likely to commit similar offence while on bail," Judge VV Patil said in his order.
"As argued by the learned ASG (Additional Solicitor General), though no criminal antecedent are there, from WhatsApp chats of Applicant No. 1 (Aryan Khan) it is reflected that he was indulging in illicit drug activities," it said.
The court also said that the material placed on record points to a "nexus" between Aryan Khan, 23, and suppliers and peddlers.
The court said that though nothing has been found from Aryan Khan, six grams of charas was found hidden in his friend Arbaaz Merchant's shoe, and it seemed Aryan Khan knew about it.
"Accused 1&2 are friends since long. They travelled together and they were apprehended together at the international cruise terminal. Further, in their voluntary statements, both of them disclosed that they were possessing the said substance for their consumption and for enjoyment. Thus, all these things go to show that Aryan Khan was having knowledge of contraband concealed by 2 in his shoes," the court said.
The court also held that charges of conspiracy were applicable in the case, saying, "During the interrogation, they disclosed names of persons who supplied contraband to them. Thus, all these facts prima facie go to show that accused acted in conspiracy with each other."
"It transpires that all the accused are connected in the same thread. Aspect of proving the conspiracy which deals with depth is required to be considered at the time of trial. But prima facie it appears that there is a case of conspiracy and abetment as alleged by the prosecution. Hence Section 29 (Conspiracy) is applicable. Therefore, rigours of Section 37 (which deems certain offences to be 'non-bailable') of the NDPS Act would apply," the order said.
Immediately after the order, Aryan Khan approached the Bombay High Court for bail. Currenly in Mumbai's Arthur Road Jail for the third week, he had been arrested on October 3 along with his friend Arbaaz Merchant and model Munmun Dhamecha following the seizure of banned drugs aboard a cruise ship off the Mumbai coast.
