Maharashtra minister and Nationalist Congress Party (NCP) leader Nawab Malik's criticism of the Narcotics Control Bureau (NCB), over its conduct in the Aryan Khan case, has found fresh fodder in the order of the Bombay High Court released on 20 November.
Malik has now alleged that the HC's bail order for actor Shah Rukh Khan's son Aryan and others proves that it was "a case of kidnapping and ransom".
Justice Nitin Sambre of the Bombay HC had said that there was no prima facie evidence that Khan, from whom no drugs were recovered by the Narcotics Control Bureau, entered into any conspiracy with other co-accused Arbaaz Merchantt and Munmum Dhamecha.
'Farjiwada Now Exposed, Selfie Failed The Plan': Nawab Malik
KP Gosavi, the man who took a selfie with Aryan Khan at the NCB office.
(Photo: Accessed by The Quint)
"It was pre-planned but a selfie released in public domain failed the plan. The Farjiwada (scam) now stands exposed."Nawab Malik, Maharashtra minister
Malik was referring to a selfie of Aryan Khan with KC Gosavi, a private investigator and one of the witnesses in the case. His selfie with Aryan Khan at the NCB office and seeming ease of access to those being held by the NCB had raised concerns about the drug agency's investigation.
What Did the Court Say?
The Bombay High Court noted that "There is hardly any positive evidence on record to convince this Court that all the accused persons with common intention agreed to commit unlawful act."
The NCB had alleged that even though no drugs had been recovered from Khan, he was engaged in a conspiracy with his friend Merchantt and other accused, and hence could be booked under Section 29 of the stringent Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
The high court has held that while a high degree of evidence may not be required at this stage to prove the conspiracy, "there has to be presence of basic material in the form of evidence so as to substantiate the case of conspiracy against the Applicants. Merely because of Applicants were travelling on the cruise, that by itself cannot be termed as satisfying foundation for invoking provisions of Section 29 against the Applicants."
Justice Sambre also expressly rejected the NCB's claim that Khan, Merchantt and Dhamecha could be said to be involved in any offences involving commercial quantities of drugs.
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