WhatsApp Chats Not Enough To Show Aachit Kumar Was Aryan Khan's "Supplier" : NDPS Court In Bail Order

Moreover, the Bombay High Court has granted bail to both - Khan and Merchant – therefore, even on the grounds of parity Kumar was entitled for bail, the special court held.

A student studying in London, Kumar was stuck in Mumbai due to the lockdown. He was arrested on October 6, after Khan allegedly named him and 2.6gms of contraband was recovered from his house. NCB accused him of being a part of the "ganja trafficking network."

He was booked under sections 8(c) read with 20(b)(ii)(A) (possession of small quantities of drug), 27a (consumption), 28 (attempt to commit offence) and 29 (conspiracy) of the NDPS Act.

"Except WhatsApp chats with accused no.1(Aryan Khan), there is no other evidence to show that applicant was indulging in such activity. Merely on the basis of WhatsApp chats, it cannot be gathered that applicant (Aachit) used to supply contraband to accused nos.1 & 2, especially when the accused no.1, with whom there are WhatsApp chats of applicant, is granted bail by Hon'ble High Court," the court held.

In contrast, Judge Patil had relied heavily on Aryan Khan's WhatsApp Chats to refuse bail on October 20. Khan and two others had then approached the HC. The HC's detailed order copy is yet to be made available.

"WhatsApp chats prima facie reveals accused Aryan Khan is dealing in illicit drug activities for narcotic substances on regular basis. Therefore, it cannot be said that Khan is not likely to commit similar offence while on bail," the court had said refusing bail to Khan.

No Conspiracy, Twin Condition for Bail u/s 37 won't apply

The judge said that since Khan and Merchant with whom Kumar is alleged to have conspired have been granted bail by the Bombay High Court, he was also entitled to bail.

"I find substance in the arguments advanced by Ld. Adv. for the applicant. So far as allegations of conspiracy are concerned, accused no.1 & 2 with whom, present applicant allegedly acted in conspiracy is granted bail by Hon'ble High Court. Hence Sec. 29 cannot be said to be applicable to present applicant. Therefore fetters u/sec. 37 of NDPS Act would not apply. Since Hon'ble High Court was pleased to grant bail to accused nos. 1 to 3, present applicant is also entitled to grant of bail on the ground of parity."

The court also said it wasn't delving into allegations of illegal detention at this stage.

The court accepted Kumar's counsel's contention that he was a young boy taking education abroad and there was no instance to show that he acted as a supplier of contraband.

"As argued on behalf of applicant, the applicant is permanent resident of Mumbai and he is ready to abide by all the conditions imposed by this Court. He has no criminal antecedents as to his discredit. He has deep roots in the Society and he is not likely to abscond and not likely to flee from justice. Hence he is entitled to grant of bail," the judge said.

Bail conditions:

• Aachit was released on Saturday itself after the court accepted release on cash bail till PR. Bond is executed of Rs. 50,000 with one or more sureties in the like amount.

• He has been asked to attend the office of NCB Mumbai Zonal Unit on every Monday in between 1.00 pm to 4.00 pm till filing of charge-sheet.
• Shall not tamper with prosecution witnesses/evidence in any manner and co-operate in early disposal of trial.
• Shall not commit similar offence while on bail.

Click Here To Read/Download The Order