Aryan Khan, Munmun Dhamecha, Arbaaz Merchantt, and others accused in the Mumbai cruise raid were presented in a Mumbai court today for their bail pleas.
The Court, on Friday, rejected the bail applications for Aryan Khan, and others, stating that the applications were non-maintainable.
Aryan Khan and others, who were arrested in the cruise raid by NCB were sent to 14 days of judicial custody during the remand hearing on Thursday. Aryan Khan, with the others accused, was transferred to the Arthur road jail, and the women accused were sent to the Byculla Jail.
Aryan Khan's Bail Hearing in Mumbai Cruise Ship Case
ASG Anil Singh argues, for NCB, that the maintainability of the remand application must be considered by the Court. Advocate Maneshinde, for Aryan Khan, rebuts, “In none of the cases decided in the past was the issue of maintainability raised by the NCB."
Maneshinde further said, "Especially since I (Aryan Khan) have not been found in possession of anything. My bail application was given in advance." The reply for the bail applications calls them “misconceived and not maintainable”.
Advocate Maneshinde read out section 36 A of the NDPS Act which states that offences attracting over 3 years of imprisonment are triable by a Special Court in the area where the crime was committed. He argued that it doesn't apply to this case.
Maneshinde also refers to section 437 of the Code of Criminal Procedure (CrPC) which deals with the conditions required for bail in non-bailable offences.
Advocate Maneshinde and ASG Anil Singh Cite Previous Judgments
Maneshinde referred to the judgment in Mr Sanjay Narhar Malshe vs State of Maharashtra, and submitted that there are many offences that are triable by the Special Court but bail can be considered by the Magistrate Court.
The ASG, for NCB, had earlier submitted the judgment in T.K. Latika vs Seth Karsandas Jamnadas to argue that the application is 'not maintainable'.
Advocate Maneshinde reads the sections the accused are charged with, including 8(c), 20(b), 27, 28, 29. He argued that the NCB just has Aryan Khan's WhatsApp messages and the CrPc 437 embargo is not applicable.
He further argued that the embargo on NDPS section 27 is not applicable either, stating, "It is not their case that I (Aryan) consumed anything." Section 27 finds the consumption of a "narcotic drug or psychotropic substance" a punishable offence.
Aryan Khan's counsel cited a bail order when the appellant was 'released despite intermediate quantity' (Sk. Sohil Sk. Samir .vs. State of Maharashtra). Maneshinde reiterated their stand claiming that Aryan Khan was not found in possession of drugs.
I’m Not Going to Abscond: Aryan Khan in Cruise Ship Case
Maneshinde read Aryan Khan's statement, "I am a 23 year old with no prior antecedents. I happen to be from Bollywood.. I went on an invitation, refused when asked if I have drugs." He added that data from Aryan's mobile has been sent for forensic investigation.
Advocate Maneshinde further stated, "I (Aryan Khan) have parents and a family here. I have an Indian passport and I am not going to abscond. There is no question of tampering."
Bail Hearing for Accused Arbaaz Merchantt and Munmun Dhamecha
Arbaaz Merchantt's lawyer, advocate Sayed, informed the Court that they've requested for the CCTV footage. In his bail plea, Arbaaz Merchantt alleged that the contraband allegedly seized from him was "planted by the NCB."
Advocate Kashiff, for Munmun Dhamecha, claims that she has no association with Aryan Khan and Arbaaz, and the NCB hasn't been able to prove any either. Kashiff claims that the alleged contraband was found on the floor and there were two others in the room with Munmun, asks why they weren't arrested.
Advocate Sayed sought a bail with conditions while advocate Kashiff sought interim and regular bail.
Matter of Bail Should be Heard in Special Court: ASG Anil Singh for NCB
ASG Anil Singh, for NCB, reiterated their stand that the Magistrate Court can't grant bail. Referring to Maneshinde's reference of the judgment in Mr Sanjay Narhar Malshe vs State of Maharashtra, ASG Singh said, "If there is no bar under the act, the magistrate can consider bail. But when there is a bar like under section 36A of the NDPS Act, it will go because the special court."
The ASG, referred to Sk. Sohil Sk. Samir .vs. State of Maharashtra, and argued that the bail plea was first rejected by a Special Court, after which the defendants in the case approached the High Court.
ASG Singh alleged that WhatsApp chats between Aachit Kumar and Aryan Khan refer to "bulk quantities of drug." Advocate Maneshinde had argued in an earlier hearing, "How long does it take them to download the chats? The chats are about football, and football does not contain any drugs."
He alleged, "The communication will show that they are not new to using these contraband."
ASG Singh cited the cases of Rhea Chakraborty and Showik Chakraborty, who were arrested by the NCB following Sushant Singh Rajput's death. Singh argued that bail can lead to tampering because the people in the case are 'influential'.
Chinedu Igwe Sent to Police Custody Till 11 October
The NCB arrested Chinedu Igwe, for the alleged possession of ecstasy pills, and the remand alleged that he was arrested following enquiries made with alleged drug peddler Abdul Shaikh, an accused in the case.
SSP Sethna, for NCB, informed the Court that Igwe has been charged under 22C, and 27A of the NDPS act since there is an alleged 'element of conspiracy'.
Advocate Gorakh, for Igwe, argued that there is nothing against his client for financing in the remand application. The Nigerian national was sent to police custody till 11 October.
Aryan Khan Remand Hearing Summary
While pronouncing the verdict in the remand hearing, the Court noted, "No custodial interrogation is required as sufficient time and opportunity was granted to NCB for investigation. Hence, they are remanded to judicial custody".
The NCB had asked for an extension in custody for the accused till 11 October to investigate their connection to a Aachit Kumar, who is alleged to have supplied drugs to Aryan and Arbaaz.
Aryan Khan, through his counsel Satish Maneshinde, argued that there was no mention of a 'rave party' in his chats with Pratik Gaba, who had invited him to the cruise.
Aryan Khan, Arbaaz, Munmun, and others were arrested by the NCB after a raid on a cruise ship. NCB, through ASG Anil Singh, has maintained that the custody of the accused is necessary to investigate a drug "nexus".
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)