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Drugs case key points: Probe reveals Aryan Khan’s role in conspiracy, illegal procurement and consumption of drugs, NCB tells court – Times of India


NEW DELHI: The Narcotics Control Bureau (NCB) on Wednesday told Mumbai special court that its investigation has revealed the son of Bollywood superstar Shah Rukh Khan, Aryan Khan was involved in the conspiracy, illicit drug trafficking as well as its procurement and consumption.

Aryan was arrested in connection with the seizure of banned drugs onboard a cruise ship off the Mumbai coast.

On the other hand, senior counsel Amit Desai, who appeared for Aryan Khan, termed the NCB’s contention as “inherently absurd” and argued that when there was no recovery of drugs from him, then he should not be penalised at the stage of granting bail.

Special Judge V V Patil, designated to hear matters related to the Narcotics Drugs and Psychotropic Substances (NDPS) Act, was hearing the bail plea filed by Aryan. The court will continue hearing the plea on Thursday.

Aryan Khan drug case: Live updates

Here are the key points of the argument in the court:

What did NCB say-


* The NCB, while opposing the bail plea, said that Aryan Khan had been consuming drugs for a few years now and 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 the financial transactions done abroad, the agency said.

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

* In reply to Aryan Khan’s bail plea the NCB stated that there is sufficient material in form of WhatsApp chats, pictures, etc to show that he was an active part of an illicit drug chain with other co-accused persons. Hence, abetment and conspiracy sections would apply as also the rigor under section 37 against the grant of bail.

* Additional Solicitor General Anil Singh, appearing for the NCB, argued that even if one accused is released on bail, then the investigation would be hampered. He told the court that WhatsApp chats of the accused (Aryan Khan and Arbaaz Merchant) refer to bulk quantities of drugs and chats with a foreign national.

* “The entire nation is concerned with drug trafficking and consumption of drugs is a serious offense. Day in and out, parties are organised and drugs are consumed by people including college students,” Singh argued.

* “As per the NCB panchnama, the contraband (six grams of charas) found in Arbaaz’s possession was to be used for consumption. Aryan Khan knew of this possession and hence this would amount to conscious possession,” Singh said.

* The NCB, in its affidavit, claimed that it was 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.

* It added 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 offenses.

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

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

* There is material on record, so far, to show that Aryan Khan was in touch with some persons abroad who appear to be a part of an International Drug Network for illicit procurement of drugs. The investigation in this regard is in progress, the NCB said.

* It is apparent that co-accused Aachit and Harijan supplied charas to Aryan Khan and Arbaaz Merchant. This shows that all form a part of a larger chain, nexus, and their involvement in a conspiracy to commit illegal acts and conspiracy cannot be ruled out.

* “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.

* 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 offenses 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.

* All the accused are inextricably connected and hence, it is not possible to dissect the role of each accused from the other, it added.

* The case of each applicant cannot be considered in isolation. All these persons are an integral part of a common thread taht cannot be separated or dissected from one another. In such a situation, the quantum of recovery (of drugs) from one accused becomes inconsequential, NCB said.

* 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, conspiracy forms the basis of the investigation, NCB added.

* 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.

What did Aryan’s lawyer say-


* Senior counsel Amit Desai told the court that the accused in the present case are young adults and not drug peddlers, traffickers or racketeers.

* “In many countries, these substances (drugs) are legal. Let us not penalise them at this stage when bail is sought. Let us not make it worse for them (accused). They have suffered enough and they have learnt their lesson, if at all,” he said.

* Desai argued that there was no recovery of any contraband from Aryan Khan. “He (Aryan Khan) did not even have any cash. Hence, he had no plans to purchase. If he had no contraband then he was not going to consume or sell,” Desai said.

* He further argued that on October 3 only three persons were arrested – Aryan Khan, Arbaaz Merchant and Munmun Dhamecha. The others were arrested subsequently. “The NCB cannot bring in unconnected persons and call it a conspiracy,” Desai said.

* He told the court that the intermediate and commercial quantities of drugs allegedly recovered by the NCB are from the people that Aryan Khan had nothing to do with and said the NCB should have lodged two different cases.

* He told the court that the intermediate and commercial quantities of drugs allegedly recovered by the NCB are from the people that Aryan Khan had nothing to do with and said the NCB should have lodged two different cases.

* Desai told the court that when admittedly there has been no recovery of drugs from Aryan Khan there is no need to keep him in custody anymore.

Aryan Khan 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.

A total of 20 people, including two Nigerian nationals, have been arrested so far in the case related to the seizure of drugs following a raid at a party on the Cordelia cruise ship off the Mumbai coast on October 2.

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.

(With inputs from agencies)



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