Breaking: Aryan Khan, Arbaz Merchant, and Munmun Dhamecha Remanded To NCB Custody Till October 7 in Cruise Ship Drug Case

Aryan Khan, son of actor Shahrukh Khan and Arbaaz Merchant and Munmun Dhamecha have been remanded to the custody of the Narcotics Control Bureau (NCB) until October 7 in connection with the seizure of drugs on a luxury cruise ship off the Mumbai coast. Khan has been booked under sections 8(C) read with 20, 35 and 27 of the Narcotic Drugs and Psychotropic Substances Act. Additional Chief Metropolitan Magistrate RM Nerlikar noted that the new incriminating material found against the accused persons by the Narcotics Control Bureau (NCB) coupled with the fresh arrests need to be corroborated. It was also observed that the new facts need to be verified. "I am of the view that investigation is of prime importance. Considering this aspect, the presence of the accused with NCB is necessary", the Court ruled. The remand application for Aryan Khan submitted by the NCB on Monday alleged that shocking incriminating material had been found on Khan's phone in the form of pictures. It was further alleged that Khan was responsible for procuring drugs for further distribution. Submissions by ASG Anil Singh Additional Solicitor General Anil Singh appearing for the NCB sought further custody of the accused persons until October 11. He submitted before Additional Chief Metropolitan Magistrate RM Nerlikar that there were links found in the Whatsapp chats on Khan's phone that indicates the existence of an 'international racket'. "There are five more connected persons who are under investigation and likely to be produced before this Court. In total there are 8 accused related to the ship. One more person is also apprehended", ASG Anil Singh further averred. He also mentioned that the NCB had procured 'commercial quantity' of drugs when the 9th accused, a supplier from Juhu was arrested. ASG Singh further submitted that although it will be argued by the opposing counsels that the offences the accused persons have been charged with are all bailable offences, he sought to rely on three judgments of Bombay High Court which stipulate that all offences of NDPS are not bailable in nature. Reliance was also placed by ASG Singh on the bail order of the Bombay High Court pertaining to film actor Rhea Chakraborty in the case registered by the NCB on the allegation that she had facilitated the procurement of drugs for the late actor Sushant Singh Rajput. He contended that the Bombay High Court had ruled that offences under the NDPS Act are non-bailable. "Ultimately we have to see the purpose and object of the Act. It is to remove the drug menace from society. You can't claim that just because you are found with a small quantity or nothing, you are entitled for bail. We have to reach the suppliers, where the financing is happening. We are just saying to grant us custody for some more days. We have to unearth the nexus.", ASG Singh further argued. He further contended that such 'high profile' people are considered role models and thus advocated that steps must be taken to end instances of such a drug menace. Submissions by Satish ManeshindeAdvocate Satish Maneshinde appearing for Aryan Khan submitted before the Court that due credence must be given to the facts of the instant case. "I landed there with a friend of mine on an invite from the organisers. I got to know the best suit is allotted to me. I have not paid anything for this party. My bag was searched but nothing was found. After some time, they took custody of my phone and began interrogating me. Mr Merchant is a friend of mine. He was found in possession and we were arrested", he argued. Advocate Maneshinde further submitted before the Court that only a small quantity had been recovered from Arbaaz Merchant, Khan's friend and that none of the other drugs had been seized from them. To this the Court enquired, "how much was seized from the friend?"In response, NCB stated that six grams of Charas had been seized. Opining that Khan is entitled to bail even if the offences he has been charged with are non-bailable in nature, he argued, "Even if the offences are non-bailable as argued, based on Rhea's case, I am entitled to bail. There, Section 27A was invoked, for financing. If material is seized from other accused, that cannot be foisted on me."He further contended that first the custody application of Khan must be decided by the Court before a ruling is passed on the bail application. It was also argued that none of the provisions invoked such as sections 8(C) read with 20, 35 and 27 of the NDPS Act act as an embargo for bail application under Section 37 of the NDPS Act. Advocate Maneshinde also relied on a judgment to show that commercial quantity found with one accused cannot be used for incriminating another accused. A Supreme Court judgment was also referred to to argue that Whatsapp chats cannot be used for incriminating an accused. Reliance was further placed on the judgment of Justice Nitin Sambre of Bombay High Court in the case of Shoyab Sajjad Khan v. State of Maharashtra...

Breaking: Aryan Khan, Arbaz Merchant, and Munmun Dhamecha Remanded To NCB Custody Till October 7 in Cruise Ship Drug Case

Sharmeen Hakim

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