Aachit Kumar, Allegedly Named By Aryan Khan, Sent To Judicial Custody After NCB Doesn't Seek Further Custody

The Esplanade Court in Mumbai remanded accused Aachit Kumar to judicial custody in connection with the Cruise Ship Drug Case after the Narcotics Control Bureau did not seek his further custody.

During the previous hearing, NCB's counsels orally claimed that Kumar was Aryan Khan and co-accused Arbaaz Merchant's 'supplier.'

They have alleged that Khan's had chats with Kumar for drugs.

The NCB arrested Kumar on October 6.

He is accused of being a part of the "ganja trafficking network," possession of "leafy substance believed to be ganja" (2.6 grams), consumption and conspiracy.

Therefore he is booked under sections 8(c) read with 20(b)(ii)(A), 27a, 28 and 29 of the NDPS Act.

On Monday, Additional Metropolitan Magistrate RM Nirlekar passed the order after hearing Advocate Ashwin Thool for Kumar and NCB's counsel.

Illegal Arrest

In the remand application, NCB said they are not seeking Kumar's further custody considering the progress in the investigation but would take appropriate steps if his custody is required in the future.

However, Advocate Ashwin Thool for Kumar placed an affidavit on record to substantiate allegations of illegal arrest he had made during the previous hearing, on Thursday.

It is the defence's case that custody is illegal as Kumar was produced in court only on October 7 and not 24 hours after his detention.

Thool said the affidavit doesn't seek any specific reliefs, but only attempts to place certain facts on record.

While the NCB claims they arrested Kumar at 9 pm, on October 6, Kumar's father has said NCB officers came to his house at 2.49 pm, on October 5, and whisked his son away at 5.14 pm.

Aachit's father Sudip Kumar further states that Kumar was first taken to Bandra and then to the NCB office at 1.30 am.

"My son was illegally detained by the respondents from 5.14 pm on October 5," the affidavit which has annexed relevant CCTV grabs alleges.

During the last hearing, on Thursday, the court remanded Kumar to NCB's custody despite allegations of illegal arrest, considering NCB's submissions and calculating Kumar's production for remand within 24 hours from his arrest.

On Friday, the court refused bail to Khan and two others – Arabaaz Merchant and Munmun Dhamecha. The court held that the pleas were not maintainable as the magistrate's court does not have the jurisdiction to try hear the applications and the pleas would lie before a Special court.

The trio along with 5 others are currently in the Arthur Road Central Prison's quarantine facility.

Background

On October 2, NCB's zonal director Sameer Wankhede led a team of officers for a raid at the International Terminal of Mumbai Port Trust from where the Cordelia Cruise liner was to depart for Goa.

Eight people were detained after the NCB allegedly seized intermediate and small quantities of cocaine, MDMA (ecstasy), charas and Rs 1,33,000 cash.

Khan, Merchant and Dhamecha were the first to be arrested. They were booked under sections 8(c) read with 20b (purchase), 27 (consumption), 28 (attempt to commit offence), 29 (abetment/ conspiracy) and 35 (presumption of culpable mental state) of the NDPS Act, after six and five grams of charas was allegedly seized from Merchant and Dhamecha respectively.

Nothing was recovered from Khan. The NCB claims to have retrieved chats for drugs between Khan and Kumar.

So far, the NCB has arrested 18 people in the case and recovered commercial quantities of drug as well.

The agency arrested several individuals after the cruise that was allowed to set sail following the raid, returned from Goa, on Monday.

Those arrested include 10 guests, four event organisers, three alleged suppliers and one consumer. Nine people are booked under the stringent section 27A of the NDPS Act for financing illicit traffic and harbouring offenders attracting a 20-year jail term.