Advocate Sushila
ARYAN KHAN BAIL REJECTED BY SPECIAL JUDGE, MUMBAI
Advocate Sushila Ram 21 Oct 2021

ARYAN KHAN BAIL REJECTED BY SPECIAL JUDGE, MUMBAI

The Court of the Special Judge for #NDPS. Cases at Greater #Mumbai in the matter of Aryan Shah Rukh Khan versus the Union of India through N.C.B. (NCB/MZU/CR-94/2021) vide its Common Order dated 20-10-2021 #rejected the #Bail Applications filed under Section 439 of the Criminal Procedure Code, 1973 by #AryanShahRukhKhan, #ArbaazAMerchant and Ms. #MunmunAmitKumarDhamecha.


The Court of the Special Judge for #NDPS. Cases at Greater #Mumbai in the matter of Aryan Shah Rukh Khan versus the Union of India through N.C.B. (NCB/MZU/CR-94/2021) vide its Common Order dated 20-10-2021 #rejected the #Bail Applications filed under Section 439 of the Criminal Procedure Code, 1973 by #AryanShahRukhKhan, #ArbaazAMerchant and Ms. #MunmunAmitKumarDhamecha.

Recently, in the matter of Cruise Ship Drug Case, Aryan Khan, Arbaz Merchant and Munmun Dhamecha (Accused) were arrested on 03.10.2021 by Officers of the Narcotics Control Bureau (#NCB) for their involvement in consumption, sale, purchase and attempt to commit offences under Sections 8(c) read with 20(b), 27, 28, 29 and 35 of the Narcotics #Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act, 1985’) in C. R. No. 94/2021.

Bail Applications were filed by the Accused in C.R. No. 94/2021 before the Court of Additional Chief Metropolitan Magistrate, Esplanade, Mumbai (‘Metropolitan Magistrate’). The Metropolitan Magistrate, vide its Order dated 08-10-2021 rejected the Bail Applications as not maintainable in view of the Section 36A of the NDPS Act, 1985 which provides for offences triable by Special Courts. Read more at: https://theindianlawyer.in/bail-under-narcotic-drugs-and-psychotropic-substances-act-1985-to-be-granted-by-the-court-of-sessions/

Consequently, the Accused filed Bail Applications before the Special Judge for N.D.P.S. Cases at Greater Mumbai, on 09-10-2021, which was titled as Aryan Shah Rukh Khan (the ‘Applicant’) versus the Union of India through N.C.B. (the ‘Respondent’).

The first ground of Bail sought by the Applicant is absence of recovery from him. It was further contended that there is no nexus between the Applicant and with the other Accused with recovery of contraband as the Applicant did not having knowledge about the contraband. Moreover, it was argued that the recovery of contraband from other Accused cannot be said to be recovery from “conscious possession” of the Applicant.

However, the Court upon perusal of papers observed that the Applicant and other Accused were friends since a long time as per the voluntary statements of the Accused and it was disclosed that they possessed the said substance for their personal consumption and for enjoyment.  The Court held that therefore, all these things go to show that Applicant was having knowledge of the contraband that was concealed by the other Accused. The Court said that it can be construed that it was in “conscious possession” of the Accused.

It was also submitted on behalf of the Applicant that the said contraband recovered from the other Accused was not for sale, purchase or for any other purpose, therefore the rigors of Section 37 (Offences to be cognizable and non-bailable) of the NDPS Act, 1985 would not apply and there is no bar to grant bail. It was further submitted that though Prosecution invoked Section 29 (Punishment for abetment and criminal conspiracy) of the NDPS Act, 1985, there is nothing to show nexus of the Applicant with other Accused. In this regard, the Court perused the WhatsApp Chats of the Applicant and observed that it reveals chats about drugs with unknown persons regarding bulk quantity and hard drugs. The Court therefore denied to accept the contentions raised by the Applicant.


To read more, please visit the link below:


https://theindianlawyer.in/aryan-khan-bail-rejected-by-special-judge-mumbai/


#aryankhan #shahrukhkhan #specialjudge #mumbai #bail #drugs #ndps

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