Aryan Khan will have to spend at least six more days in judicial custody (in Arthur Road Jail) as the special session court hearing his bail application has reserved its order till October 20 in the bail plea of the actor’s son who was arrested in a drug bust aboard a cruise ship off the Mumbai coast. Additional Sessions Judge VV Patil is expected to pronounce the order on October 20.
On the second day of the hearing today, both the defence counsel and the NCB continued their arguments. Appearing for the Narcotics Control Bureau (NCB), Additional Solicitor General Anil Singh submitted before the court that the evidence shows Khan was a regular consumer of contraband for the last few years. Singh also highlighted that the panchnama signed by the applicant establishes that he was in a conscious position of contraband because he admits it was with his friend and it was for the consumption of both of them.
The ASG also justified the invocation of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 against Khan and other accused, reported Bar and Bench. Under Section 37, offences are non-bailable and cognizable. Singh contended it to be a case of conspiracy. “In one case, if there are 15-20 people involved and it is a case of conspiracy, and possession with one accused, then 37 kicks in. And then stringent condition against the grant of bail will apply,” he said.
Senior Advocate Amit Desai, appearing for Aryan Khan, said that the statement made by Khan that he had consumed drugs was retracted and that his mobile phone was not handed over voluntarily but seized without a seizure memo being filed. Reacting to the NCB’s claim of international drug trafficking based on Aryan Khan’s WhatsApp chats, Desai submitted that the language of the chats may appear like something different than what ought to be in a court of law. “Those conversations may lead to suspicion, as it should. But what is important to be borne in mind is by no stretch of the imagination is this boy involved in any kind of conversation of drug trafficking or internal drug trafficking,” he said.
Urging the court to grant bail, Desai submitted for Khan that there was a rave party and neither anything was found in possession of Aryan Khan nor were there any messages on his phone about the rave party. Yesterday, Desai had claimed that Khan was not even on the cruise ship at the time of the raid and that there was no recovery of any banned substance from him.
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