Mumbai Drug Bust Updates: Aryan Khan to remain in jail till October 20

According to the jail authorities, on October 11, a money order amounting to Rs 4,500 was received by Arthur Road jail authorities from Aryan Khan's family. This money is for his canteen expenses. As per jail rules, an accused is allowed only one money order of Rs 4,500 per month.

(Jayprakash singh)

Aryan Khan and five others arrested in a drug seizure case have been now shifted to general barracks of the Arthur Road prison as their quarantine period was over. Aryan Khan will stay in ARJ till October 20. The Sessions court reserved the order on their bail applications. Allotted on Thursday (October 14), Aryan Khan's qaidi (prisoner) number is 956.

(Jayprakash singh)

Mumbai Special NDPS court reserves order for 20th October on bail application of Aryan Khan, Arbaaz Merchant and Munmun Dhamecha

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Arguments of all sides on bail completed.

Anil Desai: ASG has argued that Toofan is not applicable for bail. But in fact it says that it is applicable even at the stage of bail.

The chat messages which they tried to suggest is evidence is an extra-judicial confession which is a weak form of evidence. And the chats have no section 65B certificate

(Bar and Bench)

Talking about the WhatsApp messages, Aryan Khan's lawyer Amit Desai said, "I daresay that the conversation if there is one, I don’t know the veracity of it. I don’t know any of the conversations. This youth of today they have a different way of expressing themselves, which may seem like torture to us older generation."

"I can say that the claim that this boy (Aryan) is associated with illegal drug trafficking is outright lie. Was he joking in the texts? Or were they gossiping? Or talking about something else. WhatsApp chats are private moments. It has nothing to do with international drug trafficking, It is very important to understand in which context you were talking," he added.

(Dinesh Mourya)

Amit Desai: Now let's talk about the investigation, two important statements (Aryan-Arbaaz) were recorded on 3rd October, Aryan was sent to judicial custody on 7th October. While sending him to judicial custody, the magistrate said that the accused was not interrogated after the 3rd. The magistrate was clear that Aryan was sent to judicial custody despite having NCB custody.

(Dinesh Mourya)

Amit Desai questions if Aryan Khan is released on bail, how will there be a hindrance to the investigation? He says, "If released on bail, the investigation will not be affected. The entire case of NCB is on the commercial quantity of drugs and conspiracy. Aryan being the consumer in this case is at the bottom. Instead of reforming Aryan, you are connecting him to accused Abdul. And Abdul is the one from whom commercial quantity is found. This is far too stretched out. If this goes on for long then what happens to reformative law."

(Dinesh Mourya)

Amit Desai says, "The statements given by Aryan and Arbaaz are on record and the court has been informed about it. Let us stick to the law and let us stick to the facts. Retractions are there. 

Talking about the mobile phone. There is a statement that it was voluntarily handed over. However, the panchnama says it was 'seized and not handed over'. There has to be a seizure memo."

"The accused can be granted bail without affecting the investigation, when someone is in the stage of reform, he should be given a chance," says Aryan's lawyer Amit Desai.

He added that the ASG said that the celebrities and role models should be given strict punishment so that a message should be sent to the society. I do not agree with you. All are equal before the law. Every case should be decided only on merit.

(Dinesh Mourya)

Aryan Khan's lawyer Amit Desai begins his submissions. He lauds NCB officers for their work and states that in a free country, it is also important to fight for one's rights and freedom. Following the constitution and respecting it is equally important. The chain goes from Major drug peddlers, to small time peddlers and then consumers. When it comes to drug peddling to school and college going children, it (govt policy) spoke about sensitizing them.

ASG concludes his submissions.

As reported by Bar and Bench, ASG Anil Singh is now putting forward arguments against Munmun Dhamecha's bail plea.

ASG: Milords may consider it (bail plea) at a later stage but not at this stage. We still have to find out how they are connected with each other.

(Bar and Bench)

ASG: My submission to the court is that when we are considering a case under NDPS Act, the court has to consider the stringent provisions of the Act. The scheme and object of the act.

(Bar and Bench)

ASG Anil Singh: Aryan took back his statement on 7 October and not on 3 October and the issue of retraction comes during the trial and not at this stage. 

NDPS Sec 37 will be applicable even if recovery is not done. 

Regarding the conspiracy, the Supreme Court has said that there can be no direct evidence of conspiracy. Only the conspirators know about the conspiracy.

After lunch, the court reassembles to put forward arguments in Aryan Khan bail plea.

(Dinesh Mourya)

ASG: Even though nothing has been recovered from Aryan, but he was in touch with a drug dealer (Achit Kumar) so he shouldn't get bail.

Aryan can be sentenced to only one year of imprisonment. Responding to this, ASG said, "If the connection of one accused with another accused (who has a serious allegation) is proved, then both get the same punishment."

In a case if the connection is established, we can add an additional section. The defense is saying that you did not arrest him in 29 A but if this section comes in the investigation, then I will add. If 15-20 people are involved in a case and this case is of conspiracy, then the sections of conspiracy come. We are in an initial stage now and the investigation will take time. No one can tell us how we have to investigate, we are a responsible agency, we know how to work.

ASG Anil Singh- From the evidence, it can be said that the accused was involved in the crime. It would not be right to bail out the accused in such a serious matter. Being involved in the conspiracy and coming from powerful backgrounds, the accused can influence witnesses-evidence.

He further stated that accused Aryan Khan is not taking drugs for the first time. Evidence shows that he is taking drugs for the last few years. At the cruise terminal in front of IO, the accused had confessed that they have consumed drugs. Arbaaz told IO that there is charas in Ziplock. Arbaaz had said, 'They are going inside the cruise for the blast'

Aryan had confessed that he takes charas and was about to take the recovered charas through smoke on the cruise. We are in touch with MEA (Ministry of External Affairs) to know about the foreign national." The 'Quantity of Hard Drugs' may not be just for consumption.

(Dinesh Mourya)

ASG: My apologies for coming late. I was arguing a matter in High Court. The international links of the accused have come to the fore in the preliminary investigation. All are connected to each other and we cannot see them separately. We have Whatsapp chats and other proof. From the evidence that is available, it can be said that the accused was involved in the crime. Being involved in conspiracy and coming from powerful background, accused can influence witnesses and evidence.

-Dinesh Maurya

In their reply, the NCB has opposed bail for each accused and specified their reason for the same. 

READ THEM HERE

Hearing begins! 

ASG Anil Singh reaches High Court.

Amit Desai raised the issue of ASG not reaching the court. He said, "I agree that an important matter is going on in the High Court also, but information should be given here also. This is also about the liberty of a person."

NCB's lawyer Advait Sethna: He has now left the High Court and will be coming in a short time.

Amit Desai: If he is coming then it is good, but my appeal is that when he comes, then the hearing of this matter should start. 

Maneshinde: My appeal is that if necessary, the court should end this matter after hearing for some time even after 2 o'clock.

-Dinesh Maurya

ASG Anil Singh has not reached the court yet. Anil Singh is presently in the High Court and will come to the Sessions Court after hearing 2 cases. There may be a delay in the hearing which was scheduled to take place at 12 o'clock.

-Dinesh Maurya

NCB zonal director Sameer Wankhede leaves for sessions court

-Atul Singh

Filmmaker Imtiaz Khatri reaches NCB office. Inquiry begins in cruise drugs case.

Court dismisses intervention application by the social worker wgi had asked to assist the prosecution.

(Dinesh Mourya)

Shah Rukh Khan's manager Pooja Dadlani and Aryan Khan's lawyer Satish Maneshinde arrives at Sessions court for a bail hearing.

Aryan Khan and 5 others shifted to the common cell from quarantine barrack in the jail after their Covid report came negative, says Nitin Waychal superintendent of Arthur Road Jail.

RGV's first tweet read, "Bottom line is everyone including the agency knows nothing will come out of the accusations on Aryan khan son of @iamsrk
 and he will ofcourse be out once the tactical delaying processes are done with." He further wrote, "Concerned agencies in  good faith are using him as an advertisement board to shout out their objective for getting rid of the drug menace by saying “ if we are not even sparing @iamsrk‘s son just imagine what we will do to you."

Speaking about Aryan, he wrote, "Contrary  to what people are claiming about @iamsrk's son being traumatised, I feel he’s being super sharpened due to the experiences he’s being made to go through by the NCB." Another tweet by RGV read, "Regarding the so called horrible conditions of the jail ,I am sure they would be far better than what @iamsrk had to many times endure during the course of his rise from being a nobody to be a super star."

Earlier on October 8, the Special Magistrate Court had dismissed Aryan Khan's bail plea saying that it is not in the maintainability of the Magistrate Court to grant bail to the accused in this case and the defense should take the appeal to the higher court i.e. Sessions Court. After this, the lawyers of Aryan Khan, Arbaaz Merchant, Munmun Dhamija and others filed an appeal in the sessions court, the hearing of which will continue today.

-Jay Prakash Singh

Aryan's trouble has also increased because NCB has added new sections 29 and 27 of NDPS on Aryan. The claim of NCB is that Aryan not only did drug consumption but also sold, distributed, and was also part of the larger conspiracy of the drug network. Now, the matter has increased from consumption to distribution and conspiracy, which will be brought to the attention of the judge while granting bail, in such a situation, the dilemmas regarding Aryan Khan's bail have increased. 

Usually, under these sections of NDPS, the accused does not get bail soon, especially when the investigating agency claims that the accused can divert the direction of the investigation and tamper with the witnesses and evidence. 

-Jay Prakash Singh

This order will have to be taken before 5.30 pm because after this the Bell Order Box of Arthur Road Jail is closed and even if the order comes in Aryan Khan's prison late this evening, then technically Aryan will have to wait for the next three days. He will have to stay inside the jail for the day off, provided the court mentions a specific condition in the bail order. Aryan's trouble has also increased because the government side i.e. Additional Solicitor General Anil Singh has alleged on behalf of NCB that Aryan is a part of "illicit drug trafficking" and is in constant contact with some drug peddlers abroad.

-Jay Prakash Singh

Aryan Khan's bail plea will continue to be heard in sessions court in Mumbai today. Today is an important day for Aryan and his defense because if he does not get bail today, then Aryan Khan may have to stay inside Arthur Road Jail for at least 3 days. The reason for this is that tomorrow i.e. 15th October is Dussehra, 16th is Saturday and 17th is Sunday. 

That is, the court will be a holiday for 3 consecutive days - in such a special holiday magistrate and sessions court will run, but since Aryan Khan's case is going on in the special NDPS court, the bail application will now be examined in this court and not be transferred to some other court. If Aryan does not get bail from the sessions court, then only Aryan's lawyer can take this matter to the upper court i.e. High Court. Today, in any case, defense lawyers i.e. Amit Desai and Satish Maneshinde will have to take orders from the court by getting the arguments of both the sides i.e. government and defense.

-Jay Prakash Singh

Taking to Instagram, Rhea shared a post that read, "Grow through what you go through."

Senior counsel Amit Desai, appearing 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. 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.

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 indicate towards illicit drug procurement. The investigation requires sufficient time so as to approach the concerned foreign agency," the NCB said in its affidavit.

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) refers 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 offence. Day in and out, parties are organised and drugs are consumed by people including college students,” Singh argued.

Narcotics Control Bureau (NCB) has summoned filmmaker Imtiaz Khatri for questioning. He has been asked to appear before the agency on October 14, says the agency. He is being inquired about Aryan's drug connection. Apart from this case, Imtiaz was even questioned by the agency during Sushant Singh Rajput's case.

Hearing on the bail plea applications of SRK's son Aryan Khan, Nupur Satija, Aachit Kumar, Arbaaz Merchant, Mohak Jaswal, Munmun Dhamecha, Shreyas Nair and Avin Sahu will continue today.

Aryan Khan was arrested on October 3. He is currently in judicial custody and lodged at the Arthur Road prison in Mumbai. He approached the special court for bail after his plea for the same was rejected by a magistrate's court last week on the ground that it did not have the jurisdiction to decide the matter.