Aryan Khan, son of Bollywood megastar Shahrukh Khan was given bail by the Bombay High Court following the third day of arguments in the bail application hearing. The bail comes three weeks after his arrest in the cruise boat drug case matter.
As per explanations provided in Legal Awareness Web Series, Dr. Faizan Mustafa (Vice Chancellor of NALSAR University of Law, Hyderabad), Dr. Mustafa explains that the NCB Counsel Additional Solicitor General presented strong arguments. As per Dr. Mustafa, the NCB Counsel ASG Anil Singh said that this is not the first time that Aryan has used drugs. The counsel said that it is a matter of commercial quantity - indicating an attempt to deal. The Magistrate, he said has taken all aspects into consideration and since Aryan has not challenged the remand, the arrest is legal. Aryan has been consuming drugs for some time and been in touch with drug peddlers. WhatsApp chat was made the basis as electronic evidence.
A case on attempt to deal was made (Sec 28 and 29). No drug was found on the accused, as per the ASG and since it was not a case of consumption, no medical was done. This, as per Dr. Mustafa was the turning point in the case. Consumption was not proved, possession was not proved. The ASG argued on conscious possession and said that among a few people in a group, if one has possession and the others are aware, and if the material is for common consumption, then conscious consumption is proved. Dr. Mustafa says that this is a wrong understanding of conscious possession. The turning point as per Dr. Mustafa occured when the court asked what is the basis of commercial dealings by Aryan. What does the NCB have to prove commercial dealings, asked the court. The ASG agreed that this aspect has yet to be investigated. ASG argued that the cumulative drug quantity among all the accused is equivalent to commercial dealing quantity. The defendant counsel Amit Desai (counsel of Arbaaz Merchant) argued that this has not been mentioned in the arrest memo. The court said that the court's remand memo also does not mention this argument. To this the ASG conceded, as per Dr. Mustafa.
Arbaaz Merchant and Munmun Dhamesha, the co-accused in the case were also given bail along with Aryan, by the single bench of Justice NW Sambre. All three will not be released from jail till detailed orders will be passed on Friday by the court.
The arguments on behalf of Aryan were concluded on Tuesday, 26 October by senior advocate and former attorney general of India Mukul Rohatgi. Rohatgi had called Aryan's arrest as "arbritrary" as per media reports and he added that the NCB has made no recovery from Aryan, and neither had the NCB conducted a medical examination to show that the accused had consumed any narcotic. One of the important points that Mukul Rohatgi made was that Gaba (the person who invited Aryan) and Manav's name was not included in the arrest chart.
NCB counsel ASG Anil Singh opposing the bail plea argued today that Aryan Khan is not a first hand consumer of drugs but a regular consumer for the last two years. His arguments also pointed out that Aryan was found in conscious possession of the contraband, as per reports in the media.
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