‘Aryan Khan was given selective clean chit’

Days after mid-day highlighted that a vigilance team of the Narcotics Control Bureau had found irregularities in connection with the Cordelia Cruise drug case, which led to the arrest of actor Shah Rukh Khan's son Aryan Khan, a few officers from the raid team told this correspondent that Aryan was selectively given the clean chit without taking into account the statements of key witnesses. All the officers requested anonymity.

In its charge sheet filed in May, a special investigation team of the NCB said that the court document named 14 people while there was evidence against 6 others, including Aryan Khan. An officer from the 27-member team that raided the Cordelia cruiseliner in October last year told mid-day, "The SIT has benefitted Aryan Khan and another accused Avin Sahu by violating the judicial process and provisions of the NDPS Act and CrPC."

The officer said that during the panchnama, which is part of the SIT's charge sheet, Aryan disclosed consumption of drugs on various occasions in the US and in India and that he also signed the spot panchanama. "This is admissible because it was furnished before the seizing officer, not the investigation officer," said the anti-drug officer.

An NCB officer claimed that Aryan wasn't chargesheeted despite having drug chats with at least 25 people between 2017 and 2021. File pic

The voluntary statements of his friends and co-accused Arbaaz Merchant and Achit Kumar and another independent person identified as Manav are admissible under the Evidence Act, said the officer. Further, the drug chats found on his phone can be considered corroborative evidence - courts have considered such chats in the Sushant Singh Rajput case, said the officer.

The officer stressed that the statements by Aryan and his friend Mrechant that the drug was for the consumption of both were never retracted in any court. "The SIT wilfully suppressed these facts and suo moto exercised judicial powers to not file a charge sheet against Khan," said the officer.

Also Read: Mumbai: Inquiry finds selective targeting of Aryan Khan, says NCB

‘Aryan knew about drugs'

The officer said, "Aryan Khan was in a culpable mental state under section 35 of the NDPS Act as he was into drug consumption. Arbaaz Merchant was his 7-8-year-old friend and both were travelling together on the cruise, which means that he was well aware of the fact that his friend was carrying drugs with him because Aryan was also into drugs, as per his own statement."

When asked how the NCB team, which conducted the initial investigation under the zonal director Sameer Wankhede, claimed in the court that Aryan was a member of an international drug cartel, another officer said, "We never said that he was part of an international drug cartel. It appeared prima facie based on his chats with various people who were abroad, and that needs to be investigated. If NCB has not found any evidence, they can remove those charges. But if you read Khan's arrest memo, he was arrested for consumption only." The officers, who are not authorised to speak to the media on record, insisted that it was a clear case of consumption.

‘Lapses in charge sheet'

An officer said he found various lapses in the charge sheet which they may challenge before the court at the appropriate time. The officer said another accused, Avin Sahu, who was granted bail on the condition that he would report to the investigating officer whenever required, never turned up despite summons sent to him. He said the SIT didn't the NDPS court for the cancellation of Sahu's bail.

The officer said accused Ishmeet Chadha revealed that he had obtained the contact numbers of drug paddlers from one lady, San, aka Sanshipta Verma. "SIT issued two summons to Verma, but she never appeared before it. The SIT started its probe on November 6, and a fourth summons was issued to Verma on April 19."

The officer said, "The SIT has issued summons to independent witnesses for their testimony but didn't record their statement, citing reasons of unknown whereabouts. If they are unable to find independent witnesses, then how can they find suspects not appearing for questioning despite summons?"

Between 2017 and 2021, the officer said, Aryan had drug chats with at least 25 people, while the other accused arrested in the case were having chats with 3-4 people. "Some of them were chargesheeted but Aryan Khan was selectively let off by the SIT."

According to the officer, in a chat with Aachit Kumar, Aryan had confessed to drug use and the same was corroborated by forensic evidence. He also confessed to knowing Achit's drug supplier in Bandra, he said.

‘Ananya's testimony ignored'

The officer said that Aryan had said that he had a chat with actor Ananya Pandey over procurement and disposal of Ganja, but Ananya's statement was never recorded by SIT. In another statement, Aachit explained that Aryan asked for weed to settle his debt, and the same was also corroborated in the forensic extraction of WhatsApp chats from his mobile phone, said the officer.

‘Gaping hole in SIT work'

The officer said the SIT not recording the statement of Adish Duggal, who was having drug chats with Aryan, was a big lapse. The SIT issued summons to Duggal, but he never appeared. The SIT mentioned in the charge sheet that Duggal was not traceable. "The SIT never declared him wanted or absconder in the case," said the officer.

The officer said the NCB didn't chargesheet Khan and the five others but hasn't yet filed a closure report. "This is a mockery of the judicial system. When any person is sent to judicial custody, it is mandatory to file a closure report. But the SIT is holding press conferences and giving clean chits, but no closure report has been filed before the court," he said.

According to the officer, the SIT didn't also examine the role of suspect Johnson, who is an African national but lives in India. "During our investigation, we discovered that Johnson was in contact with one of the defendants in the case and used to contact her from inside Thane jail," he said.

The officer said Aryan also admitted that he didn't enjoy hashish but consumed it on some occasions at the request of Arbaaz Merchant. Aryan also disclosed that a few days before the cruise event Merchant had told him about bringing hashish to the cruise party.

"The SIT has suppressed a major finding that Arbaaz Merchant and Aryan Khan are 7-8-year-old friends, and they have common habits of smoking ganja and hashish. Hence, it can be established that the recovered drug from Arbaaz Merchant was meant for consumption by both because, on insistence, Aryan smoked hashish and the planning of bringing hashish by Arbaaz Merchant was already in the knowledge of Aryan. Hence, under section 35 of NDPS Act, Aryan was in a culpable mental state Explanation," said the officer. In this section, "culpable mental state" includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact, explained the officer.

Citing Munmun Dhamecha's statement, the officer said that the recovered drug was procured by one Saumya Singh from Mumbai-based drug trafficker Kevin Kuku. "The SIT examined Saumya Singh, and he also confessed to consumption, but the SIT didn't take any cognisance and allowed him to walk free. The SIT also issued summons to Kevin but he never appeared and no efforts were made to declare him absconder."

‘Foreigner not examined'

Sources said a foreigner named WIZ was not examined by SIT. The officer said accused Manish Rajgariya confessed to buying ganja from WIZ, based in WIZ (it was corroborated with CDR). Rajgariya distributed the ganja to many including Avin Sahu, who was arrested on the basis of his voluntary statement and records shared by Cordelia cruise management. Similarly, they said one peddler named Shahrukh from Golibar area of Santacuruz was also not examined.