Aryan to spend another night in jail after bail plea adjourned

The NCB on Wednesday again opposed the bail plea filed by Aryan Khan, saying ‘all ingredients of crime, that are preparation, intention, attempt and commission, are present for this applicant.’

Aryan Khan being presented in a Mumbai court on Monday (October 4). Pic: PTI

Aryan Khan will spend another night in jail after his bail plea was adjourned till Thursday (October 14) noon. The Narcotics Control Bureau (NCB) on Wednesday opposed the plea, saying its probe so far has revealed his role in the conspiracy and illicit procurement and consumption of drugs.

Aryan was arrested on October 3 in connection with the seizure of banned drugs on board a cruise ship off the Mumbai coast.

The NCB in its affidavit also said Aryan, son of Bollywood superstar Shah Rukh 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.

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Aryan Khan’s lawyer Amit Desai argued that 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. In asking for bail, he reiterated many times that no drugs were found on Aryan Khan, and of all the drugs seized, only six grams of charas was found with Arbaaz Merchant for his own consumption, not for sale. Desai also argued that Aryan Khan wasn’t even on the cruise.

The NCB in its affidavit 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 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.

Desai argued thus for Aryan: “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.”

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.

Aryan was arrested on October 3 following a raid on the Goa-bound cruise ship and is presently in judicial custody.

He is lodged at the Arthur Road prison in Mumbai. He approached the special court seeking bail after a magistrate’s court rejected the same last week.

“It is prima facie revealed that accused No 1 (Aryan Khan) used to procure contraband from accused No 2 (Arbaaz Merchant) and the sources connected to accused No 2, from whose conscious possession six grams of charas was recovered,” the NCB said in its affidavit. It further said the material collated during investigation primarily revealed that Aryan Khan has a role in illicit procurement and distribution of the contraband.

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As per investigations carried out so far, accused Aachit Kumar and Shivraj Harijan had supplied charas to Aryan Khan and Arbaaz Merchant, the anti-drugs agency said.

The role and involvement of this applicant (Aryan Khan) in the commission of grave and serious offences under the NDPS Act, including illicit drug trafficking, is apparent considering the nexus and connection of this applicant with the other accused in the case, the NCB said.

Prima facie investigation reveals a close nexus between all the accused persons and their involvement in conspiracy to commit illegal acts cannot be ruled out, the agency further said.

All these persons are an integral part of a common thread which cannot be separated or dissected from one another. In such a situation, the quantum of recovery (of drugs) from one accused becomes inconsequential, the NCB said in the affidavit.

Even though from some of the accused there is no recovery or less recovery of contraband, the participation by acts of such persons, who have acted in concert, forms the basis of the investigation, it said.

From the investigation, it is revealed that all the accused persons form a part of a “larger chain/nexus” and their involvement in the conspiracy to commit illegal acts and violations under Section 29 of the NDPS Act cannot be ruled out, the affidavit said.

Section 29 of the NDPS Act pertains to abetment to commit an offence or criminal conspiracy.

The NCB further said there have been several seizures of intermediary quantities of drugs from Aryan Khan’s co-accused and there has also been seizure of commercial quantities of mephedrone from one accused Abdul Sheikh.

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It said the allegations that the accused have been falsely implicated are untrue and misleading, as there is sufficient material in the form of WhatsApp chats and photographs which show the ingredients of conspiracy.

Considering the influence that Aryan Khan holds in society, it is very much possible that he may tamper with evidence and influence other witnesses whom he personally knows, the affidavit said, adding there is also a possibility of the accused fleeing justice.

The court is also hearing the bail pleas filed by Arbaaz Merchant, Munmun Dhamecha, Nupur Satija, Aachit Kumar, Mohak Jaiswal, Shreyas Iyer and Avin Sahu.
So far, 20 people have been arrested in the case.