Breaking: No Bail For Aryan Khan, Arbaaz Merchant and Munmun Dhamecha In Cruise Ship Drug Case As Mumbai Court Rejects Bail Pleas

A Mumbai Court rejects bail applications filed by Aryan Khan, son of actor Shahrukh Khan, Arbaaz Merchant and Munmun Dhamecha accused in connection with the seizure of drugs on a luxury cruise ship off the Mumbai coast. Additional Metropolitan Magistrate RM Nilekar observed that the bail pleas are not maintainable, and are hence rejected. ASG Anil Singh, appearing for the Narcotics Control Bureau, had opposed the bail pleas on the ground of maintainability. He argued that the offences alleged against the accused are exclusively triable by the Special Court of Sessions under the NDPS Act, not a magisterial court. Yesterday, the Judge had rejected further NCB Custody for the accused and remanded them to judicial custody instead. Advocate Satish Maneshinde appearing for Aryan Khan today argued that there has been no recovery from Khan and that the rigours of bail under Section 37 of the NDPS Act will not apply to him. Advocate Taraq Sayed appearing for Arbaaz Merchant denied the allegation regarding recovery of 6 gm contraband. "I am shooting myself in the foot if contraband is found," he remarked while demanding access to CCTV footage of the incident. Advocate Ali Kashiff appearing for Munmum Dhamecha also argued that she deserves to be released on bail given the fact that no recovery has been made from her and that the NCB has been unable to show her connection with other co-accused. The ASG however alleged that the WhatsApp chats between accused supplier Aachit Kumar and Aryan Khan refers to "bulk quantities of drug". Courtroom Exchange Embargo on grant of bail u/s 37 NDPS not applicable to Aryan Khan: Maneshinde Advocate Satish Maneshinde appearing for Aryan Khan argued that Khan is not accused of financing, which is punishable under Section 27A of the NDPS Act. Thus, the embargo on grant of bail under Section 37 of the Act will not apply to Khan. "There is no material (against me), even in messages," he argued. Maneshinde cited the bail order in Sohil Sk. Samir v. State Of Maharashtra, where the appellant was released despite intermediate quantity. "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…Data from my mobile has been retrieved and sent for forensics…I have been found with nothing, not an ounce but so much capital is being made out of it," he remarked. Maneshinde also relied on the judgement in Harsh Shailesh Shah v. State of Maharashtra where the Bombay High Court, while adopting the reformative approach for the two first-time offenders, granted bail in a case for possession and consumption of drugs. In this case, it was held that prima facie purchasing drugs for another person at a party would not make one a drug peddler to attract the rigours of section 37 for bail under the NDPS Act. Maneshinde added that Khan has deep roots in the society as his family lives in Bombay and he has an Indian passport. "I (Khan) am not going to abscond. There is no question of tampering. I should be granted bail," he submitted. Opposing this submission, ASG Singh submitted, "What will have to be considered is how influential the people are…there is a chance of tampering…This is not an isolated case and any sort of protection in the nature of bail would hamper investigation." "Even if they want to say I will tamper with evidence, they should come with a positive case of how I will do it. Just bald allegations! Just because I come from an affluent family doesn't mean I'll tamper with evidence. What influence have I used? I am suffering from the last six days," Maneshinde responded for Khan. Nothing to connect Arbaaz Merchant with other accused: Sayed Advocate Taraq Sayed appearing for Arbaaz Merchant argued that there is nothing on record to connect him with the co-accused. Merchant has allegedly been found with 6 gms of charas. He has denied the allegation and has filed an application seeking access to the CCTV footage from when he was arrested. The prosecution has opposed the said application saying that it will prejudice to the ongoing investigation. "I am shooting myself in the foot if contraband is found. The court can ascertain the truth by a sentence in a reply," Sayed argued. Earlier, Sayed had alleged that NCB has tried to prejudice the court that there are multiple seizures made. "In these five days, is the NCB incompetent and inept to investigate 6gms of charas (allegedly recovered from him)? Where is the question of custody? They are saying they want to confront. How long does it take to confront?" he had argued while opposing NCB custody. Contraband was found on the floor, no recovery from Munmun Dhamecha: Kashiff Advocate Ali Kashiff appearing for Munmun Dhamecha argued that even according to the prosecution, the alleged contraband of 5 gms was found on the floor and two other...

Breaking: No Bail For Aryan Khan, Arbaaz Merchant and Munmun Dhamecha In Cruise Ship Drug Case As Mumbai Court Rejects Bail Pleas

Sharmeen Hakim

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