Mumbai cruise drugs case: Bombay HC grants bail to Aryan Khan, Arbaaz Merchant and Munmun Dhamecha

Asia's Tech News Daily

Mumbai cruise drugs case: Bombay HC grants bail to Aryan Khan, Arbaaz Merchant and Munmun Dhamecha
© Provided by Firstpost Mumbai cruise drugs case: Bombay HC grants bail to Aryan Khan, Arbaaz Merchant and Munmun Dhamecha

The wait for bail in the Mumbai cruise drugs case finally ended for Aryan Khan, the son of Bollywood superstar Shah Rukh Khan, today (Thursday, 28 October) with the Bombay High Court ruling in favour of Aryan and his friends Arbaaz Merchant and Munmun Dhamecha.

The court will pronounce detailed order with reasons tomorrow.

The 23-year-old Aryan was arrested on 3 October after a drugs raid on a cruise ship party by Narcotics Control Bureau officers in disguise. At present, Aryan is lodged at the Arthur Road Jail along with another accused Arbaaz Merchant. Whereas, Munmun Dhamecha is at Byculla women’s prison.

Former attorney-general Mukul Rohatgi, representing Aryan, said he, Merchant and Dhamecha will be released either tomorrow or by Saturday. “The court has heard the case for two or three days… details of the order will be out soon,” Rohatgi added.

Also read: Understanding Section 65 of Indian Evidence Act and if Whatsapp chats are evidence in Aryan Khan case

Also read: What Aryan Khan supporters need to know about NDPS Act and India’s drug war

Also read: Why Sameer Wankhede, Prabhakar Sail and Kiran Gosavi are making headlines in the Aryan Khan drug case

‘Aryan not a first-time consumer’

Opposing Aryan’s bail plea on Thursday, NCB lawyer ASG Anil Singh told the Bombay High Court: “Applicant Aryan Khan is not a first-time consumer. He is regular consumer since last two years as per records. There is evidence to prove that he has been providing drugs.”

Singh further added, “The records which are relied upon – one is secret note on information of drugs regarding 11-12 persons going on cruise. Out of 11, eight were apprehended. Voluntary panchanama, voluntary statement, mobile phone and WhatsApp chats on digital device, these are records even produced before special court. Aachit (accused no 17) is a drug peddler and he was apprehended later and not on cruise. My contention is that applicant having dealt with or even if attempts to deal with, then section 28 squarely applies and if he’s is a part of conspiracy, then section 29 applies. So, the person who is not actually found in possession of drug but there was an attempt to deal with commercial quantity, is a part of conspiracy which relates commercial quantity.”

“There is a case that person might not have consumed the drug but if he’s in possession of it can be booked under NDPS Act. Even conscious possession. Arbaaz is his childhood friend. He had gone to the house of Aryan. Both travelled from house of Aryan in the car till the international cruise terminal where they were intercepted. They were to stay in same room had they boarded the cruise. Accused Aryan was found in conscious possession of contraband.”

As per Live Law, Singh, referring to the contention of Aryan that his friend Arbaaz Merchant was found in possession of drugs and not him, said, “My response is, though it was physically found with Arbaaz, Aryan had knowledge and he was aware of it. T̉herefore there was a conscious possession. Even if a mere attempt is made, charges can be applicable.”

‘Bail not rule in NDPS cases, custody is’

Singh further said first remand was made four hours after the arrest and that sections 28 and 29 were added to the remand application then. Referring to the seizure panchama, Singh added, “Aryan had said in panchnama that contraband found on Arbaaz was meant for smoking during cruise journey. They say they are going inside to have a blast. Bail is not a rule in NDPS case. The question of admissibility of statement under Section 67 or CrPC will apply only at the time of trial and not at the stage of bail hearing.”

Singh said the WhatsApp chat implied that applicant Aryan Khan attempted to deal with commercial quantity. “Even if he may not be found in physical possession, but accused Arbaaz was. Arbaaz is Aryan’s childhood friend. He had visited Aryan’s house and they went to international cruise terminal together where they were apprehended. Total eight persons, out of 11, were apprehended based on the secret note. When we apprehended them, multiple drugs were found from them.”

‘No arrest for conspiracy’

On Wednesday, Amit Desai, who is also representing Aryan, told the single-judge bench of Justice Nitin W Sambre,   there has been no arrest for conspiracy till date, and that conspiracy is a separate offence. Desai referred to the chart which Rohatgi had submitted on Tuesday to highlight, “There are three unconnected persons coming for the same purpose that is not conspiracy”.

Desai said even if there is concurrence in the intention of the accused, what the prosecution must prove is that there was positive intention to commit an act with common intention. “Based on chats there have been speculations of drug trafficking, but it is absurd. The device is not with us, and there is no panchnama,” he said.

While reading a panchnama filed in the case, Desai said that is a case of personal consumption. He emphasizes that the panchnama reads “except personal consumption” and that there was no allegation of use in arrest memo.

He then went on to argue that if intention to consume to a factor then that it should not apply as no medical test was done to prove it. On the same note, Desai said Section 20(b) is a theory of possession and joint possession, pointing out that consumption is a verb, and that has not happened.

Desai said WhatsApp chats dated three to one  months ago were being cited and said, “So far as WhatsApp chats are concerned, it is abundantly clear that there are no WhatsApp chats to support the conspiracy theory.”

He also mentioned that without a 65B certificate (electronic evidence must be favoured), chats are not admissible anymore. In this regard, he also mentioned that there was no seizure memo in relation to the ‘seized’ phones refuting the ‘voluntary handover’.

Rohatgi argued that if there is constitutional infirmity then it cannot be cured by remand. What is important is Article 22 of the Constitution. That article flows from Article 21 (Right to life).

“What Your Lordships have been made to look at are statements which are violative of Article 14 (Equality), 19 (Free speech) and 21 (Right to life).” he added.

Tuesday’s hearing, saw the lawyers of Aryan and co-accused Arbaaz Merchant and Munmun Dhamecha present their case. Rohatgi, representing Aryan, argued that he was a “young man” who should be sent to rehab rather than jail.

Rohatgi told the court on Tuesday that his client was invited to the cruise as a special guest. He told the court that there was “no case of possession of drugs” against Aryan Khan and that he was arrested wrongly. He also said “it was fit case for bail”.

Rohatgi said the law provides a maximum of one year of imprisonment for small quantities of drugs. “Law provides that for small quantities, the maximum punishment is one year of imprisonment. For consumption, there is rehabilitation as per law,” Rohatgi argued on behalf of Aryan Khan.

“Aryan Khan was invited by one Pratik Gaba. He was like an organiser. He invited accused 1 Aryan and accused 2 Arbaz Merchant. Both were invited by the same person. They both landed up together at the cruise terminal,” Rohtagi said.

“It appears that NCB had some prior information that people on this cruise were having drugs so they were present in a certain strength. My client, Arbaz and many others were apprehended. A search was conducted and nothing was recovered from the accused 1 (Aryan Khan). No medical at any point was conducted to ascertain if he has taken any drug,” he added.

Rohatgi said six grams of charas was recovered from accused number 2 (Arbaz Merchant) and Aryan had no relation with him except for arriving with him there. “There was no recovery. There was no proof of consumption,” he said.

“Many others were found with some amount of drugs so they allege that there was a general conspiracy. They are not charging me with consumption or possession but with conspiracy and conspiracy not with Arbaz but others,” the former AG argued on behalf of Aryan Khan in the courtroom arguing before Justice Nitin Sambre.

Internet Explorer Channel Network
Asia's Tech News Daily
News Related

OTHER NEWS

Happy Birthday Yami Gautam: Top 5 Movies Of the Actress

© Provided by News18 Bollywood star Yami Gautam started her career in the Hindi film industry with Vicky Donor, starring alongside actor Ayushmann Khurrana. She’s known for her simple yet ... Read more »

When Aayush Sharma fell on Aamir Khan on his wedding day - Watch hilarious video!

© Provided by Zee News New Delhi: Salman Khan’s brother-in-law and actor Aayush Sharma has been basking high after the release of his most-anticipated film ‘Antim: The Final Truth’. He ... Read more »

Soni Razdan pens sweet birthday note for daughter Shaheen Bhatt; Riddhima Kapoor Sahni sends wishes

© Provided by Pinkvilla Filmmaker Mahesh Bhatt and Soni Razdan’s younger daughter Shaheen Bhatt has turned a year older. She is celebrating her birthday today and there are wishes coming ... Read more »

IND vs NZ, Live Score, 1st Test Match, Day 4: Tim Southee Strikes Twice as India Lose Half Their Side

© Provided by News18 IND vs NZ, Live Score, 1st Test Match, Day 4: Tim Southee Strikes Twice as India Lose Half Their Side IND vs NZ, Live Score, 1st ... Read more »

Bangladesh vs Pakistan, 1st Test Day 3 from Chattogram: Live Cricket Score and Updates

2021-11-28 10:35:00 IST asdasdasds Read more »

Kim Kardashian and Pete Davidson looked 'happy' together, claims fan who clicked selfies with the duo in LA

© Provided by Pinkvilla Kim Kardashian and Pete Davidson are currently the talk of the town and a fan who ran into the duo at the Beverly Hills Hotel opened ... Read more »

PL 2021: Liverpool thrash Southampton 4-0 to climb to second spot

© Provided by Zee News Goals from Diogo Jota (two), Thiago Alcantara, and Virgil van Dijk helped Liverpool put up another strong performance as they defeated Southampton 4-0 and claimed ... Read more »

Buying Ronaldo was United's big blunder

© Provided by The Indian Express On Thursday, a Manchester United Supporters’ Trust (MUST) email landed in the inbox, urging fans to take a survey during the club’s hour of ... Read more »

Pengembara VTL darat wajib jalani ujian Covid-19 setiba di Singapura

© Provided by Free Malaysia Today Semua pengembara dari Malaysia yang menyertai Laluan Perjalanan Lengkap Vaksin darat wajib menjalani ujian saringan Covid-19 setiba di Singapura. (Gambar Bernama) PETALING JAYA: Pengembara ... Read more »

Flight attendant's hack for 'less stressful and more enjoyable' flying - ‘get in the zone'

Laura Reynolds has been flying for two decades and there “isn’t many places in the world” she hasn’t been. With in-depth knowledge of most destinations and a love for travel, ... Read more »

Low expectations on nuclear talks as Iran creates facts on the grounds

© Reuters/Leonhard Foeger FILE PHOTO: The Iranian flag waves in front of the International Atomic Energy Agency (IAEA) headquarters in Vienna By John Irish, Francois Murphy and Parisa Hafezi PARIS ... Read more »

Dozens on S Africa flights test positive for COVID in Netherlands

© Provided by Al Jazeera People walk inside Schiphol Airport after Dutch health authorities said that 61 people who arrived in Amsterdam on flights from South Africa tested positive for ... Read more »

Around 30 People Loot a Best Buy Store in US' Minnesota on Black Friday

© Rajashree Seal | India.com News Desk Black Friday shoppers leave a Best Buy store in Washington, DC, on November 26, 20221. Known as Black Friday, the day after Thanksgiving ... Read more »

Private candidates can register for class 12 board exams from Dec 2: CBSE

The Central Board of Secondary Education (CBSE) on Saturday said that private candidates who wish to appear for the class 12 board exams 2022 can register from December 2. The ... Read more »

Karnataka mulls fresh restrictions as freshers' party in Dharwad turns COVID-19 'super spreader' | Key Points

© Provided by Jagran English Bengaluru | Jagran News Desk: Karnataka, one of the worst-hit coronavirus states in India, is emerging as a hotspot of the infection once again after ... Read more »

Mumbai: Woman tries to order liquor online, duped of Rs 1.08 lakh

© Provided by The Indian Express A 30-year-old journalist was duped of Rs 1.08 lakh by a cyber fraudster when she tried ordering liquor online. The journalist told police that ... Read more »

MP man gets Taj Mahal like home built as gift for wife

In a unique gesture, a Burhanpur man has built a house that is a replica of the famed Taj Mahal and gifted it to his wife. While speaking to ANI, ... Read more »

Assam government to spend Rs 3,500 crore to provide relief to around 11 lakhs microfinance borrowers

Assam government will spend close to Rs 3500 crore to provide relief to around 11 lakhs microfinance borrowers who are making regular payments to banks. The process will start from ... Read more »

ED summons Amazon India, Future Group officials

The Enforcement Directorate (ED) has summoned Amazon’s Indian management, including its country head Amit Agarwal next week to its headquarters in Delhi, in connection with its disputed deal with Kishore ... Read more »

Beware: Two Zuma men are now in charge of eThekwini

Jacob Zuma may no longer be the ANC’s president but his hand was visible in the finalisation of the eThekwini council. © Provided by Daily Maverick One morning in 2006, ... Read more »

Feds catch fugitive kickboxing teacher accused of abusing underage students

A kickboxing instructor who allegedly plied his teenage pupils with drugs and sexually abused them is behind bars following an interstate manhunt. Gordon Golding, 56, was arrested by US Marshals ... Read more »

7 headphones that double up as suave tech accessories

© Provided by Lifestyle Asia Wireless headphones today aren’t just tech tools, they’re accessories of style as well. These are the best headphones in India that promise aural excellence. Headphones ... Read more »

Punjabi University V-C sends legal notice to Cong MLA for calling him RSS man

© Provided by The Indian Express Three days after Congress MLA Madan Lal Jalalpur alleged that Punjabi University Vice-Chancellor Prof Arvind was affiliated to the RSS, Prof Arvind served a ... Read more »

Viral Video: Mother Throws Baby Into Pile of Pillows But Misses, Netizens Can't Stop Laughing

© Kritika Bansal | Trending Desk Funny baby Viral Video A hilarious video is going viral on social media that has left netizens hysterical. The video was posted by a ... Read more »

India records 8,774 new COVID-19 cases, active cases lowest in 543 days

© Provided by Zee News New Delhi: India saw a single-day rise of 8,774 new coronavirus infections, taking the country’s total tally of cases to 3,45,72,523, while the active cases ... Read more »

Sukhbir, Akali senior leaders court arrest, say Congress trying to implicate Majithia

© Provided by The Indian Express Shiromani Akali Dal (SAD) core committee members and party chief Sukhbir Singh Badal Saturday courted arrest to register their protest against what the Akali ... Read more »

Little girl's smooth gymnastic skills leave the Internet in awe. Viral video

A video of a little girl attempting and nailing some gymnastic moves has gone viral on Twitter. The clip, shared by IPS officer Ankita Sharma, has left netizens stunned at ... Read more »

Police Respond to Shooting at Tacoma Mall

At least one person was shot at Tacoma Mall in Washington on the evening of Friday, November 26, police said. Tacoma Police said they responded responded and cleared the mall ... Read more »

10 K-Dramas To Watch If You Love Korean Actor Jung Hae In

© Provided by Preview.ph As one of Korea’s highest paid brand endorsers, Jung Hae In is no stranger to the spotlight, and while he did debut relatively late, that’s the ... Read more »

Which IPL franchise will Shreyas Iyer's join for 2022 season? India legend replies

Delhi Capitals are unlikely to retain their former skipper Shreyas Iyer with reports hinting that the franchise will go with the quartet of Rishabh Pant, Prithvi Shaw, Axar Patel and ... Read more »

Honduran election could oust long-ruling National party

The Associated PressA woman rides her motorcycle past a campaign mural promoting the National Party presidential candidate Nasry Asfura known as “Papi a la orden”, in the Kennedy neighborhood of ... Read more »

IND vs NZ: Will Wankhede Stadium in Mumbai NOT allow spectators for 2nd Test?

© Provided by DNA With the first Test match underway in Kanpur and the two sides – India and New Zealand – playing Day 4 at Green Park, the action ... Read more »

'Some players are not fit to play for East Bengal' - Alvito D'Cunha blasts Red and Golds players after derby debacle

© Provided by GOAL East Bengal meekly surrendered to their arch-rivals ATK Mohun Bagan as they went down 3-0 in the Kolkata derby on Saturday at the Tilak Maidan in ... Read more »

Kanpur Test: Rahul Dravid, Ajinkya Rahane kept dressing room calm when wickets weren't falling, says Axar Patel

Rahul Dravid Young left-arm spinner Axar Patel gave a sneak peek of the dressing room atmosphere under head coach Rahul Dravid, saying he and stand-in captain Ajinkya Rahane maintained a ... Read more »

Afghanistan: Regierungschef der Taliban bricht sein Schweigen

© Keystone/AP/Petros Giannakouris Knapp drei Monate nach seiner Ernennung hat sich der amtierende Regierungschef der Taliban, Mullah Mohammed Hassan Achund, erstmals an die Bürger Afghanistans gewandt. Seine aufgezeichnete Audiobotschaft wurde ... Read more »

Ghislaine Maxwell ready to take stand to defend herself at trial: report

Ghislaine Maxwell, left, sits with her lead defense attorney Bobbi Sternheim during jury selection on Nov. 16, 2021 in this courtroom sketch. AP Accused child sex trafficker Ghislaine Maxwell is ... Read more »

Stadler: "Neues Corona-Virus wird den Weg in die Schweiz finden"

© KEYSTONE/PETER KLAUNZER Das neue Coronavirus Omikron wird früher oder später den Weg in die Schweiz finden. Davon ist die Chefin der wissenschaftlichen Taskforce, Tanja Stadler, überzeugt. Die Schweiz verfüge ... Read more »

ISL 2021-22: ATK MB crush rivals SC East Bengal 3-0, defending champion Mumbai stunned by Hyderabad

On an eventful double-header day in the Indian Super League, ATK Mohun Bagan established their dominance over SC East Bengal by hammering their cross-town rivals 3-0 in the first Kolkata ... Read more »

Covid live news: UK, Germany and Italy detect Omicron cases; China outbreak warning

LIVE – Updated at 04:50 © Photograph: Andre M Chang/ZUMA Press Wire/REX/Shutterstock Cases of the Covid-19 variant Omicron have been detected in several European countries after spreading from southern Africa. ... Read more »

Netherlands enters partial Covid lockdown

© EPA Cafes, museums, and cinemas across the Netherlands must now be closed between 17:00 and 05:00 local time (16:00-04:00 GMT) A partial lockdown has come into force in the ... Read more »
On free-english-test.com you will find lots of free English exam practice materials to help you improve your English skills: grammar, listening, reading, writing, ielts, toeic