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This Article is From Oct 13, 2021

Mumbai Drug Bust Case Highlights: No Bail For Aryan Khan Today, Bail Hearing To Continue Tomorrow

Aryan Khan was denied bail by a Mumbai Court on Friday after he was arrested in connection with the drugs-on-cruise case.

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India News Edited by
Updated : October 13, 2021 11:30 pm IST
Mumbai:

Shah Rukh Khan's son Aryan Khan "indulged in illicit drug trafficking" and was involved in the "procuring and distribution of drugs", the Narcotics Control Bureau (NCB) today told a court in Mumbai. The star son's defence team argued that he was "not present" during the drugs-on-ship raid, had no cash to buy drugs and didn't have drugs on him.

After a hearing that started late in the afternoon, the court said Aryan Khan's bail request would be taken up tomorrow. He has been in a Mumbai jail since Friday.

Aryan Khan - Accused No. 1 for the NCB - sourced drugs and was in touch with "some persons abroad who appear to be a part of an International Drug Network for illicit procurement of drugs", the anti-drugs agency said in a statement to the court this morning.

"WhatsApp chats reveal the accused was in touch with a foreign national for bulk quantity of hard drugs," it said, adding that the probe so far has revealed his role in the conspiracy.

All those arrested "are inextricably connected with each other" and "it is not possible to dissect the role, involvement of one accused from that of the other", said the NCB. "The ingredients of conspiracy are clear and evident," said the agency, adding that "one of the applicants cannot be considered in isolation".

Aryan Khan, 23, was arrested along with his friend Arbaaz Merchant and six others after the drugs raid on the cruise on October 2.

Here are the Highlights on the Mumbai Drug Bust Case involving Aryan Khan:

Oct 13, 2021 20:36 (IST)
Aryan Khan WhatsApp Chats Show He Trafficked Drugs, Claim Investigators
Shah Rukh Khan's son Aryan Khan "indulged in illicit drug trafficking" and was involved in the "procuring and distribution of drugs", the Narcotics Control Bureau (NCB) today told a court in Mumbai. The star son's defence team argued that he was "not present" during the drugs-on-ship raid, had no cash to buy drugs and didn't have drugs on him.

After a hearing that started late in the afternoon, the court said Aryan Khan's bail request would be taken up tomorrow. He has been in a Mumbai jail since Friday.

Aryan Khan - Accused No. 1 for the NCB - sourced drugs and was in touch with "some persons abroad who appear to be a part of an International Drug Network for illicit procurement of drugs", the anti-drugs agency said in a statement to the court this morning.
Oct 13, 2021 17:38 (IST)
Just In | Aryan Khan bail application to be heard tomorrow after 11 am.
Oct 13, 2021 17:30 (IST)
Court Update | ASG: There are chats which mention about commercial or bulk quantities, then there are talks with a foreign national with reference to hard drugs.

Even as per panchnama, the contraband was not found with Khan's possession. It was found with Arbaaz, that is his case...

I did not interrupt him, he mustn't now. If there is any factual error, he can point later.

Our contention is that contraband was found is possession of Merchant, who met Khan at his residence..in his voluntary statement he has admitted relationship with Khan.

So Merchant went to Khan's residence in the same car and they were at terminal where they were caught. The contraband with Arbaaz was for their consumption and both knew about it. Khan also knew that Merchant had.

If I had knowledge, that is conscious possession...the others were found in possession and I was not found in possession may not be a proper submission.
Oct 13, 2021 17:17 (IST)
Court Update | ASG: Bail matters are heard day in and out, but it is not like they have to be decided on the same day. This is an agency, and the entire nation is concerned with the drug trafficking and consumption which is a serious offence in the society

Day in and out, parties are organized, drugs are consumed and that involves college students also. It is not just affecting the economic matters but otherwise too...We are concerned with the gang involved in the drug trafficking.

It is difficult to believe that who invited (Khan), when invited, nothing is shown. And their contention in short is someone with me was carrying contraband.

I will also read the panchnama and the WhatsApp chats to show that this is not a case where somebody says "I am only an invitee and at the most I could have only consumed (drugs)"

In a case of conspiracy, it is not like the day he was arrested we knew it was conspiracy. We added that in the third remand. There are 20 accused and out of them there are peddlers and there is evidence of Khan and Merchant talking to them.
Oct 13, 2021 17:04 (IST)
Court Update | Adv Ali Kaashif Khan Deshmukh for Munmun Dhamecha: They found substances from a corner of the room. How is this conscious possession which is found from corner of the room?

They are trying to show that there is conspiracy but they have failed to show that...Why are they not arresting the others and only targeting me? There is a bogus case against me.

What they are trying to show is that the smaller quantities found are equal to commercial quantities being found, that is the new trend.
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Oct 13, 2021 16:57 (IST)
Court Update | Adv Ali Kaashif Khan Deshmukh for Munmun Dhamecha: According to the arrest memo, I have nothing to do with the grounds on which I was arrested. I'm not a celebrity but still I got arrested. In the reply filed by NCB, all the allegations are on Aryan and Arbaaz. I have nothing to do with him. Aryan and Arbaaz know each other, I don't know them
Oct 13, 2021 16:52 (IST)
Court Update | Adv Ali Kaashif Khan Deshmukh for Munmun Dhamecha: The panchnama says that there were two friends in the room. They (drugs) were kept in the small desk corner. The weight was found to be 0.5 gms. In their panchnama, they say that nothing was recovered from me, but there was items recovered from Soumya Singh.
Oct 13, 2021 16:49 (IST)
Court Update | Adv Ali Kaashif Khan Deshmukh for Munmun Dhamecha: I am a model by profession. I keep doing ramp walks and I was invited by Baldev, and he has not been arrested.

When I came in alone, there was a Soumya and Baldev present, and they are not accused. Within 2-3 mins of my entering, the raid occurred and they found a packet in the room.
Oct 13, 2021 16:47 (IST)
Court Update | Advocate Taraq Sayed for Merchant:  For that, a particular trial also need not be carried out. They recovered from me, and it could either be sale, purchase or use. I was to consume it. I recovered from Aachit, that I told. That part of investigation is also over. 

And unless there is some connection, how are they to conduct a joint trial? They have been done in follow up actions, 6 gms for consumption and nothing more. The time they have spent in jail is enough, let them be released.
Oct 13, 2021 16:44 (IST)
Court Update | Advocate Taraq Sayed for Merchant: We were both searched and if we were both searched and no phones was found, then from where did they get the chats?

The only evidence they can rely upon is the panchnama. And the lanchnama onky mentions consumption. So I have immunity under 64a of NDPS Act.
Oct 13, 2021 16:39 (IST)
Court Update | Advocate Taraq Sayed for Merchant: The entire case is based on mobile phone and the panchnama. That recovery will attract Section 27z, nothing more than that.

Prosecution was using WhatsApp chats, but now this panchnama is before you. There is no phone seized as per panchnama. There is no separate panchnama for phones...Hence the entire WhatsApp chats will become inadmissible.
Oct 13, 2021 16:26 (IST)
Probe Reveals Aryan Khan's Role In Conspiracy, Illegal Procurement And Consumption Of Drugs: Anti-Drugs Agency
The Narcotics Control Bureau on Wednesday opposed the bail plea filed by Aryan Khan, son of Bollywood superstar Shah Rukh Khan, arrested in connection with the seizure of banned drugs on board a cruise ship off the Mumbai coast, saying the probe so far has revealed his role in the conspiracy and illicit procurement and consumption of drugs.

The NCB in its affidavit also said that Aryan Khan was in touch with some persons, who appear to be a part of an international drug network for procurement of drugs.

Further probe is on with regard to financial transactions done abroad, the agency said.

"During initial investigation, some international linkages pertinent to this applicant (Aryan Khan) have been unearthed which prima facie indicate towards illicit drug procurement. The investigation requires sufficient time so as to approach the foreign agency concerned," the affidavit said.

The NCB also submitted in the affidavit that the case of each of the accused cannot be considered individually or separately, as prima facie investigation reveals that there is a close link/nexus among all the accused, including Aryan Khan, for conspiracy to commit offences.

"It is not feasible to dissect or separate each from the other. All ingredients of crime, that are preparation, intention, attempt and commission, are present for this applicant (Aryan Khan)," the affidavit said.

The NCB submitted its affidavit in response to the bail plea filed by Aryan Khan before special judge VV Patil, designated to hear matters related to the Narcotics Drugs and Psychotropic Substances (NDPS) Act.

The judge is currently hearing the bail plea, the news agency PTI reported.
Oct 13, 2021 15:52 (IST)
"Aryan Khan wasn't even on the cruise, nothing was found on him," says Aryan Khan's lawyer to Mumbai court
Court Update | Adv. Amit Desai (for Aryan Khan): He mentioned illegal international drug trafficking and included Aryan Khan's name in it.

I think NCB would know that illegal trafficking has been mentioned in the NDPS Act and it is a serious matter. Such words should not be used as such, all this has been done only to stop the bail plea. Have you been able to connect Aryan Khan in any way? The court has already heard such cases.

Aryan Khan was linked to illegal trafficking without any recovery, posession.

This is a conspiracy in which all these are being linked in it. Not everyone was arrested from the cruise, people were also arrested from outside.

Aryan Khan wasn't even on the cruise, nothing was found on him.

Illicit trafficking includes things like cultivating, production, manufacturing, consumption, and interstate import and export of drugs. They have nothing to do with such a thing, yet illicit trafficking has been written.

In illegal trafficking, action can be taken under 27A. This is the only provision under which action can be taken, but on going through the remand application, it is found that there is no mention of illegal trafficking in the Panchnama. 

It can be said that in the investigation it was found. But when Aryan Khan was searched, his mobile phone was confiscated...27A is not mentioned in the remand application. This is because they know that Aryan Khan has nothing to do with it.
Oct 13, 2021 15:44 (IST)
Court Update | Adv. Amit Desai (for Aryan Khan): In the reply filed by NCB this morning, information about this matter has been given earlier. Later it is said that all these accused are related to each other. 

NCB is making this whole debate on only one thing, that all are connected to each other. Foreign wires are being connected and international drugs are being talked about. 

Now NCB can say peddling, supplying and other things, but on this the court knows that this is said time and again whenever such cases come up.

Whatever things came out later, information was received from the others accused, and the drugs that were found, they got from others. 

We have nothing to do with them, but still have been linked to international drug trafficking and it is being said that this is a conspiracy.
Oct 13, 2021 15:37 (IST)
Court Update | Adv. Amit Desai (for Aryan Khan): I am thankful to NCB that in many places they have done cut and paste work. But the names of the rest of the accused were not mentioned in the first remand application. In the end the NCB has written that five people have been arrested. This is the only thread that is connected to Aryan.
Oct 13, 2021 15:31 (IST)
Court Update | Adv. Amit Desai (for Aryan Khan): Arbaaz admitted that he was going to use the charas himself, so where does the talk of sale come from in this case?

The recovery of drugs by NCB that took place does not have any connection with Aryan Khan.

Thus, while NCB is repeatedly talking about the big picture, they do not have the right to catch such people who have nothing to do with it.
Oct 13, 2021 15:23 (IST)
Court Update | Adv. Amit Desai (for Aryan Khan): Over and over again the drugs and cash are being talked about, but nothing was found on Aryan Khan. And out of all the drugs, only six grams of charas has been found from Arbaaz.

One thing which is made clear again and again is that neither charas, nor MD or any pills or cash was with Aryan.

Aryan didn't have cash so he couldn't buy drugs, and since he didn't buy drugs, he wasn't going to consume any.

But when they went to the court, then the three accused (Aryan Khan, Arbaaz Merchant, Munmun Dhamecha) were lumped together and Aryan has also been added into the matter of sale, purchase and consumption.
Oct 13, 2021 15:19 (IST)
Court Update | Adv. Amit Desai (for Aryan Khan): On the basis of the information, NCB came to know that some people are involved in the sale and consumption of drugs. But on the basis of the information, you can also see that nothing was found with Aryan Khan. 

The information on the basis of which this action was taken proved to be wrong in the case of Aryan Khan. Aryan Khan neither had possession, nor did he use, consume, nor sell it.

The NCB says that Aryan Khan admitted that he was going to consume the charas present with Arbaaz, but the court also knows how to get things admitted.
Oct 13, 2021 15:15 (IST)
Court Update | Adv. Amit Desai (for Aryan Khan): After that two more people reach the Departure Gate, who are Aryan Khan and Arbaaz Merchant. 

He was informed of the situation by the NCB officials and asked if they had any drugs. Arbaaz Merchant admitted that charas was in his shoes. Arbaaz Merchant admitted that he consumes charas with Aryan Khan, and Aryan Khan also admitted that he consumes it. Six grams of charas were seized.

Six grams of charas was found from Arbaaz Merchant, but the names of both Arbaaz and Aryan were added for the seizure. They did not get anything from Aryan Khan, which has also been documented.
Oct 13, 2021 15:12 (IST)
Court Update | Adv. Amit Desai (for Aryan Khan): This whole affair started at noon on October 2 when my client was called on a cruise ship. Prateek Gaba had called, who is neither an organizer nor has he been arrested.

He reached there at Gaba's behest. But even before checking in, the NCB took him into custody.

In the Panchnama, the NCB has said that IO Ashish Prasad has said that he had received information that drugs were being brought in the ship for use and sale.

After that, information was given about the names of some people and it was told that they have drugs.

After that, the NCB team started checking at the gate of the ship.

The search started at 6:50 pm. Drugs and contraband were found from some people. Five grams of MD, 10 grams of cocaine and 10 grams of charas were recovered from some people. 

15 tablets of drugs and Rs 40,000 cash were found on Ishmeet Singh Chadda, who said that he was going to use this cash to buy drugs



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