Aryan Khan gets bail: No material to prove conspiracy, says counsel

Advocate Satish Maneshinde, his team along with Shah Rukh Khan

In a major setback to the NCB, the Bombay High Court on Thursday granted bail to Aryan Khan, his friend Arbaaz Merchant and model Munmun Dhamecha in connection with the cruise liner drugs case. The HC asked the agency what evidence it had to say Aryan was trying to deal in commercial quantities. ASG Anil Singh, representing NCB, told the court that it only had WhatsApp chats as proof. The trio and the detailed HC order will be released today.

One of the top law officers of the Union government, Additional Solicitor General (ASG) Anil Singh, who appears in exceptional cases, argued against their bail, while former attorney general Mukul Rohatgi argued for Aryan, the son of actor Shah Rukh Khan.

Singh began his argument before the single-judge bench of the HC, saying that Aryan is not a first-time offender. Relying on his WhatsApp chats once again, he told the court, "Records show that he [Aryan] consumed drugs since the past few years. Evidence on record shows that he was providing drugs, he was in contact with a certain drug peddler and there are talks of procuring drugs in bulk." The ASG had made similar arguments before the magistrate court and the special NDPS court.

The ASG told the court that the WhatsApp chats was now evidence under 65B (admissibility of electronic records) of the Indian Evidence Act, and that the agency also has a certificate.

Commercial quantity

While the ASG was arguing, Justice N W Sambre interrupted him and asked on what basis was the NCB saying that Aryan tried to deal in commercial quantity of drugs. The ASG said the agency was only relying on his WhatsApp chats. He added that when we say conspiracy, we calculate the drugs seized from all people and we have WhatsApp chats, along with a 65B certificate. The NCB had initially booked Aryan for consumption.

Fans of Shah Rukh Khan celebrate Aryan's bail, outside actor's home Mannat, on Thursday. Pic/Atul Kamble

However, the ASG on Thursday told the HC that the agency can't say if the drugs were only for consumption, as it has applied Section 29 (punishment for abetment and criminal conspiracy) of the NDPS Act. He also said that cumulative drug quantity was of commercial quantity. "So you are saying cumulative effect should be given?" the court asked. To which, the ASG responded, "Everything needs to be investigated."

NDPS Sections missing

When the ASG told the court that the agency was invoking Sections 29 and 28 of the NDPS Act, the HC reminded him that the remand application doesn't mention these Sections. Rohatgi and Merchant's lawyer Amit Desai also told the court that even the arrest memo doesn't mention those. The ASG then said the NCB had mentioned those in the first remand, four hours after their arrest.

Rohatgi told the court that custody is exceptional and bail is the rule. Arguing against it, the ASG referred to a Supreme Court order regarding NDPS offences, where it said that custody is the rule and bail is exceptional. He also said that the conspiracy in this case is difficult to prove, because only the conspirators know how they conspired.

No conspiracy

Rohatgi said that according to the NCB, "Aachit, another accused, is a dealer and he was arrested with just 2.4 grams of a drug. A dealer cannot have such a small quantity of drugs. There is no material to prove conspiracy."

Rohatgi then referred to an SC order about inadmissibility of voluntary statements. Aryan's bail plea had mentioned that the NCB's entire case was based on voluntary statements. The court, too, read the judgment of the apex court and granted bail to Aryan and others. The detailed order of the HC, mentioning the grounds on which the bail was granted, will be released on Friday.

"Aryan Khan has ultimately been released on bail by the HC. No possession, no evidence, no consumption, no conspiracy, right from the first moment when he was detained on October 2, nor is there anything as of now. We are grateful to the Almighty that our prayers were accepted by Justice N W Sambre and bail was granted to Aryan," Advocate Satish Maneshinde and the legal team of Aryan. After their arrest on October 2, the trio was remanded in the NCB's custody for four days. They were shifted to Arthur Road Jail on October 8.

20
No. of days the three accused spent in jail