After being denied bail multiple times, the Bombay High Court granted bail to Aryan Khan, Arbaaz Merchantt and Munmun Dhamecha in the Mumbai cruise drugs case on Thursday, 28 October. The court said it will release a detailed order on Friday, 29 October.
The three of them were arrested by the Narcotics Control Bureau (NCB) following a raid onboard a luxury cruise on 2 October. They were sent to judicial custody on 8 October.
Here are the arguments made by NCB and Aryan Khan in court on Thursday.
'What Five Others Are Carrying is Put on Me': Aryan Khan
Rohatgi stated that Aryan's arrest was made in violation of Article 22 of the Constitution, in as much as he was not informed about the correct grounds for arrest.
Aryan Khan, through former Attorney General Mukul Rohatgi, denied allegations of 'conscious possession'. "There was no recovery from me. Though I say I was not aware what he (Arbaaz Merchantt) was carrying, but what is being put on me is commercial quantity through conspiracy. So basically what five other people are carrying is put on me", he argued.
Aryan told the court that he didn't know anyone apart from Arbaaz. "Their case is if it is not a coincidence, but a conspiracy. There has to be meeting of minds. Say a telephone call between all 8 (accused). So apart from Arbaaz, none of these chaps have anything to do with me."
On Aryan's connection with alleged drug peddler Aachit Kumar Rohatgi stated, "Aachit was arrested with 2.4 gms. Dealers cannot have just 2.4 gms."
The ex-Attorney General also said that it is a clear case of no possession, no consumption and no recovery of drugs.
Rohatgi submitted that none of the WhatsApp chats recovered from Aryan's phone relate to the cruise party. It was argued that WhatsApp messages have no evidentiary value and a person's liberty for an offence punishable with one year can't be deprived on the basis of that.
It was brought to notice that the NCB's case heavily relies on 'voluntary' statements given under Section 67 of the NDPS Act, which are inadmissible in evidence as per last year's Supreme Court judgment in the Tofan Singh case.
'Aryan Khan Has Been a Regular Consumer of Drugs': NCB
ASG Anil Singh, on behalf of the NCB, told the High Court that Aryan is not a 'first time offender'. "He is a regular consumer for the past few years, and the record shows that he has been providing drugs. And there is a reference of bulk quantity and commercial quantity of drugs. He has been in contact with drug peddlers", Singh said.
Regarding admissibility of WhatsApp chats, Singh said they have a 65B certificate as required under the Indian Evidence Act and the chats are thus admissible.
Singh stated that when Aryan was apprehended, multiple drugs were found from eight people (of the 11 people named in the secret note received by the agency). Thus, a cumulative effect has to be seen. "It has to be investigated… cumulative drug quantity was of commercial quantity".
Singh told the court that in NDPS cases "custody is the rule, bail is the exception".
The NCB had also alleged that in an attempt to derail the investigation, the accused had influenced witness Prabhakar Sail. Aryan had denied the allegations.
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