Bombay HC grants bail to Aryan Khan in Mumbai cruise drugs case but he won't be released today: Here's why

05:33 PM Oct 28, 2021 | FPJ Web Desk

Mumbai: Aryan Khan, son of Bollywood superstar Shah Rukh Khan, was on Thursday granted bail by the Bombay High Court, over 20 days after his arrest in the case of seizure of banned drugs aboard a cruise ship off the Mumbai coast.

However, Aryan won't be released today. He will remain in the jail at least till Friday evening as the detailed order would be made pronounced tomorrow along with bail conditions.


Besides, a single bench of Justice NW Sambre also granted bail to his co-accused Arbaaz Merchant and Munmun Dhamecha.


Aryan Khan's advocates then sought permission to submit cash bail to which the court refused and said surety is to be given.

As per the NCB, Aryan and Arbaaz were together apprehended while they were boarding the ship. "They both are childhood friends and have been travelling together. On asking, Arbaaz confessed to have possessing 6 grams of charas and Aryan also said that this was for smoking while on the ship. They had said that they were going to have a blast," ASG Singh had argued.

"Thus, Aryan was in conscious possession of the drugs and was accordingly arrested, though he had not consumed or had no actual possession," the ASG said.

In his submissions, ASG Singh further claimed that Aryan was part of a bigger conspiracy and was connected with some drug peddlers. He cited WhatsApp chats to buttress his case.

"As far as conspiracy charge is concerned, this court shouldn't go by the fact that only six grams of charas was found on Arbaaz, which Aryan was also consciously possessing. But it should consider the cumulative quantity of drugs seized from all the accused in the case, which would be commercial quantity and thus no bail should be given," Singh argued.

Singh even relied upon the confessional statements of Aryan and Arbaaz to make out a case against bail and said that under the NDPS law, "custody was the rule and bail was exception."

As far as Dhamecha is concerned, Singh said that she was having drugs with her but threw it aside after learning that NCB has raided the ship.

Countering the submissions, Khan's lawyer Mukul Rohatgi cited several judgments of the Supreme Court which has time and again held that confessional statements cannot be considered as evidence.

"As far as conspiracy is concerned, the agency has not shown any instance wherein my client Aryan had made calls or was in connection with any of the 20 other accused arrested in this case. There is no meeting of minds, which is essential for conspiracy," Rohatgi argued.

Rohatgi was reading some Supreme Court judgment and Justice Sambre interrupted him and said, "Okay Mr Rohatgi. I allow the bail."

Khan, Merchant, and Dhamecha were arrested by the Narcotics Control Bureau (NCB) on October 3 and booked under relevant sections of the Narcotics Drugs and Psychotropic Substances Act (NDPS) for possession, consumption, sale/purchase of banned drugs, conspiracy and abetment.

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