Bombay high court grants bail to Aryan Khan, Arbaaz Merchant and Munmun Dhamecha in 'drugs-on-cruise' case
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Bombay high court grants bail to Aryan Khan, Arbaaz Merchant and Munmun Dhamecha in 'drugs-on-cruise' case
Bombay high court grants bail to Aryan Khan, Arbaaz Merchant and Munmun Dhamecha in 'drugs-on-cruise' case
(PTI photo)
MUMBAI: The Bombay high court on Thursday granted bail to Shah Rukh Khan's son, Aryan Khan, and two other accused Arbaaz Merchant and Munmun Dhamecha arrested by the Narcotics Control Bureau in drugs-on-cruise case.
Aryan, Arbaaz and Munmun were arrested on October 3 and booked under relevant sections of the Narcotics Drugs and Psychotropic Substances Act (NDPS) for possession, consumption, after 6 gm charas was allegedly found on Merchant’s shoes and 5 gm from Dhamecha’s cabin floor.
Merchant and Dhamecha had denied the recovery. Aryan's lawyer had all along maintained that no drugs were recovered from him and his case was fit for bail.
After hearing the submissions of ASG Anil Singh who appeared for the NCB and senior counsel Mukul Rohatgi who appeared for Aryan Khan, Justice Nitin Sambre said, “all the three applications are allowed.’’
The suddenness of the pronouncement, which came after cutting short the submissions being made by Rohatgi, took some by surprise.
Justice Sambre said he would pass a detailed order assigning reasons later. This would mean the trio will spend at least another night in jail.
Aryan Khan's advocate Satish Maneshinde then sought permission to submit cash bail to which the court refused and said it has to be a surety.
"I could have given the order also tomorrow. But I gave it today," Justice Sambre said.
The legal team of 23-year-old Aryan, who is presently lodged at the Arthur Road prison, will now try to complete the formalities for his release by Friday itself or Saturday, once the operative part is pronounced.
Rohatgi, who had made a strong argument for bail in his submissions yesterday, in his rejoinder today said: "Aryan and Arbaaz were together. The most important thing that has been put against us is the commercial quantity being recovered from others. While the ASG (Additional Solicitor General) refers to Section 37 by referring to commercial quantities being recovered, but Section 27A is not invoked against them."
"What is argued against me is what has been found on five others which if you total up will amount to commercial quantity. Aachit Kumar who NCB called a dealer was arrested four days later with 2.5 grams. Can he be a dealer? A dealer would have 200 grams," he said.
Aryan Khan's counsel further argued that conspiracy means there has to be a "meeting of minds". "Aryan does not know any of the other accused in the case except Arbaaz Merchant. There is absolutely no material to show conspiracy."
It was when Rohatgi was citing previous judgments during his submission, the judge cut him short abruptly and passed the order.
On Wednesday, during the hearing of the bail plea of the trio, senior counsel Amit Desai appearing as lead counsel for Merchant along with advocate Taraq Sayed, termed the very arrest of the young trio seeking bail in the NCB case as “illegal’’ as no section 41A notice was issued to first seeking an explanation, since alleged recovery of charas was small and attracted less than a year’s punishment.
Desai said the heart of the case is the “conspiracy’’ charge “dumped’’ on the trio with no shred of evidence, not even in form of WhatsApp chats which is what the NCB was relying on to oppose their bail.
Aryan, Arbaaz and Munmun were arrested on October 3 and booked under relevant sections of the Narcotics Drugs and Psychotropic Substances Act (NDPS) for possession, consumption, after 6 gm charas was allegedly found on Merchant’s shoes and 5 gm from Dhamecha’s cabin floor.
Merchant and Dhamecha had denied the recovery. Aryan's lawyer had all along maintained that no drugs were recovered from him and his case was fit for bail.
After hearing the submissions of ASG Anil Singh who appeared for the NCB and senior counsel Mukul Rohatgi who appeared for Aryan Khan, Justice Nitin Sambre said, “all the three applications are allowed.’’
The suddenness of the pronouncement, which came after cutting short the submissions being made by Rohatgi, took some by surprise.
Justice Sambre said he would pass a detailed order assigning reasons later. This would mean the trio will spend at least another night in jail.
Aryan Khan's advocate Satish Maneshinde then sought permission to submit cash bail to which the court refused and said it has to be a surety.
"I could have given the order also tomorrow. But I gave it today," Justice Sambre said.
The legal team of 23-year-old Aryan, who is presently lodged at the Arthur Road prison, will now try to complete the formalities for his release by Friday itself or Saturday, once the operative part is pronounced.
Rohatgi, who had made a strong argument for bail in his submissions yesterday, in his rejoinder today said: "Aryan and Arbaaz were together. The most important thing that has been put against us is the commercial quantity being recovered from others. While the ASG (Additional Solicitor General) refers to Section 37 by referring to commercial quantities being recovered, but Section 27A is not invoked against them."
"What is argued against me is what has been found on five others which if you total up will amount to commercial quantity. Aachit Kumar who NCB called a dealer was arrested four days later with 2.5 grams. Can he be a dealer? A dealer would have 200 grams," he said.
Aryan Khan's counsel further argued that conspiracy means there has to be a "meeting of minds". "Aryan does not know any of the other accused in the case except Arbaaz Merchant. There is absolutely no material to show conspiracy."
It was when Rohatgi was citing previous judgments during his submission, the judge cut him short abruptly and passed the order.
On Wednesday, during the hearing of the bail plea of the trio, senior counsel Amit Desai appearing as lead counsel for Merchant along with advocate Taraq Sayed, termed the very arrest of the young trio seeking bail in the NCB case as “illegal’’ as no section 41A notice was issued to first seeking an explanation, since alleged recovery of charas was small and attracted less than a year’s punishment.
Desai said the heart of the case is the “conspiracy’’ charge “dumped’’ on the trio with no shred of evidence, not even in form of WhatsApp chats which is what the NCB was relying on to oppose their bail.
End of the article
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