21 October,2021 07:29 AM IST | Mumbai | Faizan Khan
Aryan Khan escorted by law enforcement officers outside the Narcotics Control Bureau office. File pic/Shadab Khan
The special NDPS court on Wednesday rejected the bail applications of Aryan Khan, Arbaaz Merchant and model Munmun Dhamecha. The special court, in its order, has said that prima facie there is material that the accused are part of a larger network and Aryan deals with illicit drug activities on a regular basis. The special NDPS court in its detailed order also made some observations with regard to the WhatsApp chats of Aryan submitted by the NCB.
The lawyers of Aryan and Dhamecha have now moved the High Court seeking bail. The court said, "WhatsApp chats brought before the court show that Aryan has been dealing with illicit drug activities of narcotics substances on a regular basis. Therefore it can't be said that Aryan is not likely to commit a similar offence while on bail."
The court has also said that there is incriminating material placed on record in the form of WhatsApp chats, which show Aryan's nexus with suppliers and peddlers. During the course of arguments, WhatsApp chats were shown to the court. These were chats of applicant/accused no.1 (Aryan Khan) about drugs with unknown persons. There is also the reference of bulk quantity and hard drug in the chats. There is also prima facie material showing applicant/accused no 1 was in contact with persons dealing in prohibited narcotic substances as alleged by the prosecution.
According to the court order, NCB had received specific information that a rave party had been organised on a cruise and the accused would arrive with the contraband and in pursuance of this information, a raid was conducted. During the interception the accused disclosed the name of those who supplied the contraband to them. "Thus all these facts prima facie show that the accused acted in conspiracy with each other," the court observed. The court also observed that during interrogation Aryan did not disclose names of foreign nationals and other drug dealers he was in touch with.
"It transpires that all the accused are connected in the same thread. The aspect of proving the conspiracy which deals with depth is required to be considered only at the time of the trial," the court further added while rejecting the bail pleas. The court in its order, said that Section 29 of the NDPS Act is applicable in this case, as the prosecution has alleged there is conspiracy and abetment.
Senior advocate Taraq Sayed who appeared for Arbaaz argued before the court that there is no mention of seizure of their mobiles in the panchnama so one cannot rely on the chats NCB is talking about. Aryan Khan's lawyer Amit Desai made similar arguments. However, the court in its order, said that the documents produced on record by the NCB show that both accused have voluntarily surrendered their mobile phones during interrogation. "Hence submission made by Arbaaz's lawyer that the seizure of the mobile phone was not shown in the panchnama, falls to the ground," the court said.
Munmun Dhamecha's lawyer, Ali Kashif Khan Deshmukh, argued that she is not connected to Aryan and Arbaaz and has been wrongly framed in the case. "As Munmun was arrested with contraband, her culpable mental state is clear and evident. She was found in possession of contraband in consequence of secret information received by NCB. Hence Munmun is also a part of the network and her case can't be considered in isolation," the court added on why Dhamecha's bail application was also rejected. While rejecting the bail of all three accused the court said, "Considering the prima facie involvement of Aryan, Arbaz and Munmun in commission of a grave and serious offence, this is not a fit case for bail."
The NCB, through the additional solicitor general, has argued that Aryan Khan had knowledge of charas concealed by Arbaaz in his shoes. "The papers show that though nothing was found in Aryan's possession, 6 gms charas was found with Arbaaz, concealed in his shoes. Aryan and Arbaaz have been friends for long. They travelled together and were apprehended together. Further, both of them in their voluntary statements, disclosed that they were possessing the said substance for their consumption and enjoyment," the court said.
"Thus all these things show that Aryan had knowledge of contraband concealed by Arbaaz in his shoes," the court added. The team of Amit Desai and Satish Maneshinde representing Aryan Khan have moved to the Bombay HC challenging the order of the special NDPS court. Dhamecha's lawyer Deshmukh has also moved the High Court.
