Aryan Khan Case Highlights: Bombay High Court Grants Bail To Aryan Khan In Drugs-On-Cruise Case

Aryan Khan Case Highlights: The 23-year-old son of Shah Rukh Khan has been in custody since October 3, hours after drugs raids on a cruise ship party.

Aryan Khan Case Highlights: Bombay High Court Grants Bail To Aryan Khan In Drugs-On-Cruise Case

Aryan Khan Case: Aryan Khan was detained after drug raids on a cruise ship party on October 2.

Mumbai:

Aryan Khan has been granted bail after more than three weeks in jail, by the Bombay High Court.

The 23-year-old son of Shah Rukh Khan has been in custody since October 3, hours after drugs raids on a cruise ship party.

Aryan Khan had been denied bail twice before.

Aryan Khan has been in jail since October 8. He was detained after drug raids on a cruise ship party on October 2 by the NCB. Aryan Khan has been denied bail twice before. The special anti-drugs court that denied him bail last week said he knew about charas hidden in his friend Arbaaz Merchant's shoe, and this amounted to "conscious possession". Arbaaz Merchant was also arrested along with Aryan and 18 others.

Here are the Highlights on Aryan Khan's Bail Hearing:

Oct 28, 2021 23:36 (IST)
After Aryan Khan's Bail, Sister Suhana's 3-Word-Post With Childhood Pics
Superstar Shah Rukh Khan's son Aryan Khan was granted bail by Bombay High Court on Thursday - after being in jail for three weeks - ushering a huge sigh of relief for the family. The 23-year-old's younger sister Suhana posted a collage of pictures from her childhood and a simple three-worded message: "I Love You".

The post raked up over 2 lakh likes within one hour.
Oct 28, 2021 23:01 (IST)
"Picture Abhi Baaki Hai": NCP Leader's Swipe At Anti-Drugs Officer After Aryan Khan Bail
After the Bombay High Court granted bail to Aryan Khan, son of superstar Shah Rukh Khan, in the cruise drugs case, Maharashtra minister and NCP leader Nawab Malik on Thursday continued to target NCB's zonal director Sameer Wankhede, saying the picture is not over yet.

Tweeting in Hindi, Mr Malik said, "Picture abhi baaki hai (The picture is not over yet)."

The High Court granted bail to Aryan Khan and his two co-accused over three weeks after their arrest by the Narcotics Control Bureau (NCB).

Aryan, Arbaaz Merchant and Munmun Dhamecha were arrested by the anti-drugs agency on October 3 and charged under relevant sections of the Narcotics Drugs and Psychotropic Substances Act (NDPS) for possession, consumption, sale/purchase of banned drugs, conspiracy and abetment.
Oct 28, 2021 22:27 (IST)
Aryan Khan's Cousins Share Throwback Pictures After He Gets Bail
After Bombay High Court on Thursday granted bail to Bollywood actor Shah Rukh Khan's son Aryan Khan in the Mumbai cruise drugs seizure case, his cousins Arjun and Alia Chhiba shared old pictures with Aryan on social media, commemorating the occasion.

Ms Alia took to her Instagram stories and shared a childhood picture featuring her with Aryan, Suhana and Arjun.

Meanwhile, Arjun had also shared an Instagram story in which he could be seen standing beside his cousin while posing for the camera.

For the uninformed, Arjun and Alia are the children of Aryan's mother Gauri Khan's brother Vikrant Chhiba.
Oct 28, 2021 21:31 (IST)
"SRK Had Tears Of Joy": Ex-Attorney General Who Fought For Aryan Khan Bail
Megastar Shah Rukh Khan greeted the news of bail for his son, Aryan Khan -- arrested earlier this month in connection with the drugs-on-cruise case -- with "tears of joy", said India's former Attorney General Mukul  Rohatgi, who represented him in the Bombay High Court. The actor, Mr Rohatgi said, had "given up all his professional activities".

"He has been very, very worried the last three-four days that I was there and I'm not even sure whether he had proper meals. He was just having coffee after coffee. And he was very, very worried. And I could see a big sense of relief, yeah, on the father's face last time I met him," Mr Rohatgi told NDTV in an exclusive interview.  
Oct 28, 2021 20:14 (IST)
"Win Some, Lose Some": Ex-Attorney General Who Fought For Aryan Khan Bail
Aryan Khan, Arbaaz Merchant, and Munmun Dhamecha, who were granted bail in the Mumbai cruise drugs seizure case, will be released from jail after the Bombay High Court issues a detailed order in the matter on Friday, former Attorney General of India Mukul Rohatgi has said.

Mr Rohatgi, who represented Aryan Khan, told reporters, "Bombay High Court has granted bail to Aryan Khan, Arbaaz Merchant, Munmun Dhamecha after hearing the arguments for three days. The detailed order will be given tomorrow. Hopefully, all they will come out of the jail by tomorrow or Saturday."

The Bombay High Court granted bail to the three accused, who were arrested on October 3, after hearing arguments for three days.
Oct 28, 2021 19:10 (IST)
"Welcome Home Prince Aryan": SRK Fans Celebrate Outside Mannat Home
Superstar Shah Rukh Khan's fans descended outside his iconic Mumbai residence - Mannat - to celebrate as the Bombay High Court granted bail to the actor's son Aryan Khan, three weeks after his arrest in the drugs-on-cruise case.

Two men are seen holding up a banner - Welcome Home Prince Aryan - that has a photo of Shah Rukh Khan with his son, as the others burst crackers. "Three cheers for Aryan Khan" - the crowd was heard hurrahing for the star son.

Aryan Khan, 23, was taken into custody on October 3, hours after drug raids on a cruise ship party by the Narcotics Control Bureau (NCB). The star son has been in Mumbai's Arthur Road jail since October 8 and had been denied bail twice.
Oct 28, 2021 18:00 (IST)
Oct 28, 2021 17:16 (IST)
Maharashtra | Kiran Gosavi (NCB witness in the drugs-on-cruise matter) an accused in cheating case registered with Pune City Police has been formally arrested by Faraskhana Police Station, Pune. He will be produced before Pune Court today.

Image
Oct 28, 2021 17:16 (IST)
Kiran Gosavi has been arrested in a 2018 cheating case. A charge-sheet was filed in the case in 2019. If we get more complaints against him, we will register fresh offence against him: Amitabh Gupta, Commissioner of Police, Pune City

Image
Oct 28, 2021 17:00 (IST)
They (Aryan Khan, Arbaz Merchant & Munmum Dhamecha) will come of the jail after the order is released from the court... For me, it is a regular case - to win some, to lose some. I am happy that he (Khan) has got bail: Former AG Mukul Rohatgi, who represented Khan in Bombay High Court
Oct 28, 2021 16:55 (IST)
Bombay High Court has granted bail to Aryan Khan, Arbaaz Merchant, Munmun Dhamecha after hearing the arguments for 3 days. The detailed order will be given tomorrow. Hopefully, all they will come out of the jail by tomorrow or Saturday: Former AG Mukul Rohatgi, who represented Aryan Khan

Image
Oct 28, 2021 16:48 (IST)
Bombay High Court also grants bail to Arbaz Merchant and Munmum Dhamecha in drugs-on-cruise case
Oct 28, 2021 16:44 (IST)
JustIn | Aryan Khan granted bail by Bombay High Court in drugs-on-cruise case
Oct 28, 2021 16:38 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | Mukul Rohatgi is now countering the judgements given by ASG under Section 67 of the NDPS Act. 

Come to Nawaz Malik judgment. This was a case where there was a car and three people were there and one was carrying substance. So then there was a submission that the possession was not conscious.

The court discusses what is conscious possession. The standard of conscious possession is what is deemed from the facts.

Let us apply to this case. I was in conscious possession that Arbaaz was carrying but how do you say that for  others. It is not like they were carrying together.

Oct 28, 2021 16:28 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | Mukul Rohatgi (for Aryan Khan): I knew only Arbaaz, I did not know anyone else. It is true it is difficult to prove that there is common meeting of mind but facts cannot be ignored. There has to be meeting of minds. How can there be conscious possession for 6 grams? 

Their argument is that because it is not co-incidence it is a conspiracy. Conspiracy can't have anything to do with conjecture. 
Oct 28, 2021 16:26 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | Mukul Rohatgi (for Aryan Khan): There were 1300 people on the ship and there was connection only between Aryan and Arbaaz. The conspiracy alleged against.. this is not a co-incidence, it is conspiracy. 

There was no conspiracy because there was no meeting of minds. There was no discussion that they met and decided that they will get the substance and smoke, that is conspiracy.

If there are people in a hotel in different rooms and they smoke, are all people in hotel in conspiracy? There is no material for calling it a conspiracy in this case.
Oct 28, 2021 16:22 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | Mukul Rohatgi (for Aryan Khan) rejoins. 

I was not aware what he was carrying, take it that he knew.. but the most that they can allege against us is commercial quantity collectively.

That is added with conspiracy. there is no 27A invoked against me. The conspiracy with 5-8 people with me, their recovery after you total up then there is commercial quantity.
Oct 28, 2021 16:20 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | ASG Anil Singh: My contention is he was found in possession. He was connected with drug peddlers. It was commercial quantity. Hence, we invoked 28 and 29. It was only 4 hours and they were aware of the grounds. 

So it cannot be illegal arrest, conspiracy is difficult to prove. Only the conspirator knows how they conspired. I will leave to the conscious of the court. 

Para 4 of my reply, it can be seen that there is a chance of tampering of evidence because there was an affidavit which had names and details. So, it cannot be said that there was no tampering. 

Plus, there are Whatsapp chats. 

Also, we have found CDR which show that there was connection with Ishmeet. She was carrying drugs that is shown by statements of Baldev and Soumya. 

ASG shows the Whatsapp chats with 65 B certificate. 
Oct 28, 2021 16:10 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | ASG Anil Singh is showing the judgment of Madhu Limaye of Supreme Court.

These judgments say that by way of judicial order remand order has been passed. 
Oct 28, 2021 16:08 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | ASG Anil Singh: Two conditions, one is they may argue that there is no communication, but they must satisfy the court that the Magistrate has not taken into consideration these factors which he has. 
Oct 28, 2021 16:06 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | ASG Anil Singh: My contention that there are three orders of remand which have not been challenged and they cannot come now and say that arrest was illegal. 

They have still not challenged the remand orders. 
Oct 28, 2021 16:00 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | ASG Anil Singh: One of the arguments advanced on the arrest memo. Kindly see. 

The arrest memo mentions commercial quantity and it mentions that he had consumption with commercial quantity.

It is not that they were not aware of Sections 28 and 29. In the remand copy four hours later these were added. The lawyers were aware.

There is difference of wording of Section 50 of CrPC. It says ground has to be forthwith. They were informed within 4 hours. Can it be said they were not informed. 
Oct 28, 2021 15:58 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | ASG Anil Singh is showing judgments to show how rigours of Section 37 will apply in cases of  grant of bail. 
Oct 28, 2021 15:56 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | ASG is showing Ratan Malik judgment. In this case also person was not found in possession

Still a person can be liable for offence. Look at Showik Chakraborty
Oct 28, 2021 15:53 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | ASG- They have relied on Toofan singh and said this. ASG is showing judgments on conscious possession
Oct 28, 2021 15:51 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | ASG is reading a Madras High Court judgment

Bail and trial are two different stages of a matter. 
Oct 28, 2021 15:49 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench | Court: But this is 438 stage

ASG: There are two judgments, but rest are bail

But the question is at what stage Toofan singh will apply. 

It does not apply before trial.
Oct 28, 2021 15:47 (IST)
Aryan Khan Drugs Case Court Update according to Bar & Bench |  ASG is reading out Toofan Singh judgment

Now see judgment of Sahil Shah. It does not rely on Toofan Singh.
Oct 28, 2021 15:40 (IST)
Aryan Khan Case Live Updates
ASG: Judgements say that under NDPS act, bail is not the rule but exception. The Supreme Court says it's a heinous crime worse than culpable homicide and has to be dealt stringently. In Toofan Singh judgement, the provisions would apply only at the stage of trial, not at the stage of bail. The judgement of Toofan Singh (case) will apply only at the stage of trial and not at the stage of bail when investigation is in progress.


Oct 28, 2021 15:35 (IST)
Aryan Khan Case Live Updates
ASG: Arbaaz Merchant has accepted he had charas in his shoes and he took out the charas from his shoes in a zip lock pouch and it was tested and confirmed as charas. Arbaaz Merchant has confessed that he consumes charas with Aryan Khan and they were going to the cruise to have a blast (party).
Oct 28, 2021 15:32 (IST)
Aryan Khan Case Live Updates
ASG: We have applied Section 37 as rigours of Section 37 kicks in only when 27 and 28 are applied because of commercial quantity. My contention therefore is that you may not be in physical possession but it has been found from accused number 2 (Arbaaz).
Oct 28, 2021 15:30 (IST)
Aryan Khan Case Live Updates
ASG while referring to a colourful chart: It was a colourful party. It was October 2. At least they should have left it on this day which is a dry day.

ASG: Ecstasy has been found in commercial quantity, there were a variety of drugs. It cannot be said that these drugs were for personal consumption. That is why we have applied 28 and 29 which is a case of conspiracy. It cannot be a coincidence. There were multiple drugs of different quantities.
Oct 28, 2021 15:29 (IST)
Aryan Khan Case Live Updates
ASG says that Section 28 and 29 have been applied based on the WhatsApp chat, panchnama, secret note.

Court: On what basis are you claiming he has dealt with commercial quantity?

ASG: I am relying on WhatsApp chat. It shows he had made an attempt to deal with commercial quantity. Not only that, when they were apprehended on the ship, multiple drugs were found with all eight. It cannot be a coincidence. If you see the quantity and the nature of drug it cannot be coincidence.

Court: You are saying there should be cumulative effect?

ASG: We have applied 28 of the Section and the WhatsApp chat cannot be disputed as we have 65B statement.
Oct 28, 2021 15:19 (IST)
Aryan Khan Case Live Updates
ASG: Every offence under the act is cognisable. Under section 35 (culpable mental state) of NDPS you don't have to prove mens rea (criminal intent), there is a presumption.
Oct 28, 2021 15:14 (IST)
Aryan Khan Case Live Updates
ASG: The provisions refer to attempt to commission of offence. Even if you have not committed but if you have attempted, that itself is a crime. Even if you are not found in possession but you are part of the conspiracy you will be liable for the same punishment as someone found in possession of the commercial quantity of contraband.
Oct 28, 2021 15:12 (IST)
Aryan Khan Case Live Updates
ASG: Accused number 2 (Arbaaz Merchant) is his (Aryan Khan's) childhood friend. They were to stay in the same room. My learned friend Mr. (Mukul) Rohatgi argues there is no testing. My case is that we apprehended before consumption. So where is the question of testing?
Oct 28, 2021 15:08 (IST)
Aryan Khan Case Live Updates
ASG: Prohibition under section 8C applied. We have argued for the principle of conscious possession. If one person is aware that the other person is carrying drugs and they are going to consume together it will be conscious possession.
Oct 28, 2021 15:06 (IST)
ASG: Before going further, we must see the relevant provisions of the act.
Oct 28, 2021 15:06 (IST)
Aryan Khan Has Been In Contact With Drug Peddlers: ASG Anil Singh
ASG: There is a reference of procuring drugs in commercial quantity and the drugs are hard drugs. He (Aryan Khan) has been in contact with peddlers. We got a secret note which said 11 or 12 persons will be going on the ship and eight we've apprehended. We have got a 65B certificate and we have WhatsApp chats. 

ASG: The NCB's contention is that another person Achit is a drug peddler. He was apprehended later. He is accused number 17. He is a part of the conspiracy. Even if he is not found in possession of the drug there was an attempt to deal with commercial quantity and prima facie records show he is a part of conspiracy for commercial quantity, therefore, section 29 has been applied.
Oct 28, 2021 15:01 (IST)
Aryan Khan's Bail Hearing Begins In Bombay High Court
Aryan Khan's bail hearing begins in Bombay High Court. Senior Advocate Amit Desai is concluding arguments. The ASG begins arguments on behalf of the NCB.

ASG: Accused number 1 (Aryan Khan) is not a first time consumer. He is a regular consumer since last few years and he has been procuring drugs.
Oct 28, 2021 14:46 (IST)
Former Attorney General Mukul Rohatgi, senior counsel Satish Maneshinde are in court for Aryan Khan's bail hearing. Additional Solicitor General Anil Singh is also present in court. He will argue on behalf of anti-drugs agency NCB today.
Oct 28, 2021 14:10 (IST)
Aryan Khan Case Witness Kiran Gosavi, Wanted In Cheating Case, Detained In Pune
A controversial "independent witness" of the narcotics agency that is investigating the Mumbai drugs-on-cruise case has been detained in Pune, three days after he claimed he would surrender at a police station in Uttar Pradesh's capital Lucknow.
.