Mumbai Drug Bust Case Updates: Aryan Khan has been produced in court (File)
Aryan Khan, son of movie star Shah Rukh Khan, has been sent to judicial custody by the Magistrate's court in the Mumbai drugs-on-cruise case. His bail plea will be heard at 11 am tomorrow. Aryan Khan was supplied drugs by one of the other men arrested in the cruise ship drug bust, the anti-drugs agency said in court today as it argued against the 23-year-old being given bail. On Monday, he was denied bail after his sensational arrest and was sent to the custody of anti-drugs agency Narcotics Control Bureau (NCB) till today by a Mumbai court.
"Investigation is of prime importance and it needs to be carried out. It benefits both accused and investigator," a judge said while extending the custody of Aryan Khan and seven others.
All eight were arrested on Sunday after the anti-drugs agency went undercover and raided a rave party on Saturday evening on the "Cordelia" cruise sailing from Mumbai to Goa.
The raids produced a haul of 13 grams of cocaine, 21 grams of charas, 22 pills of MDMA and 5 grams of MD, the anti-drugs bureau said. The drugs were found hidden in clothes, underwear and purses, reported news agency Press Trust of India, quoting an unnamed official of the anti-drugs bureau.
Here are the Highlights on Mumbai Drug Bust Case involving Aryan Khan:
Aryan Khan and others to spend the night at Narcotics Control Bureau's Mumbai office
Aryan Khan Bail Hearing
"We are willing to stay one night in the custody of the officers. Judicial custody, in the custody of Sameer Wankhede," Satish Maneshinde tells court
Aryan Khan Bail Hearing
Aryan Khan's bail application to be heard tomorrow at 11 am
Aryan Khan Bail Hearing
"My submission will go to the root of the matter that bail application cannot be considered here," says ASG Anil Singh. However, Satish Maneshinde said, "It is a mandate that the interim application has to be decided today."
Aryan Khan Bail Hearing"Satish Maneshinde is reading Supreme Court judgement: The petitioner may apply for interim bail pending final disposal of the regular bail application."
(Live Law)
Aryan Khan Bail Hearing"If you cooperate with me, I am here to decide all the bail applications today itself," the court says. "I am opposing the bail application. I'll file a say. The application is not maintainable," the ASG replied.
Order:
"The gist of the ASG's argument is that they require the custody of the accused as they need to confront them with Achit Kumar.
They also say they need to confront them with other accused arrested.
We cannot discuss what took the investigation team so much time to arrest the accused with whom they need to be confronted.
For police custody every detail needs to be pointed out and the same is not reflected in the remand report.
It appears that the investigation is made till the arrest of the other co-accused based on the investigation of Aryan Khan. Investigation is silent on arrest of other accused
Police custody of accused without cogent reason would amount to violation of fundamental rights
Reasons for seeking custody on vague grounds each accused cannot be remanded to police custody.
I am of the view no custodial interrogation is required as sufficient time was given"
Aryan Khan Bail Hearing"I have filed for bail and interim bail," Aryan Khan's lawyer Satish Maneshinde tells court, adding, "I am moving bail application. I have given copy yesterday so that they can give reply."
(Bar and Bench)
Aryan Khan's lawyer now moves interim bail application
Magistrate's court in Mumbai sends Aryan Khan and seven other accused in anti-drugs case to judicial custody.
Aryan Khan Bail HearingOrder:
"Advocate for accused rightly argued that when A1 and Achit were in NCB custody since October 6, nothing was investigated."
(Live Law)
Aryan Khan Bail HearingOrder:
"Considering the date of arrest of.the accused and taking ASGs arguments as it is, by no stretch of imagination it can be said that the custody of the accused is necessary with the NCB authorities because statement of A1 was recorded on 3rd wherein he disclosed Achit's name."
(Live Law)
Aryan Khan Bail HearingOrder:
"In view of Section 437 of CrPC, the Court is empowered the enlarge the accused on bail. Even if confrontation is required, then additional remand can be refused."
(Bar and Bench)
Aryan Khan Bail HearingOrder:
"In these circumstances, it is not fit for further remand, but only Judicial Custody."
(Bar and Bench)
Aryan Khan Bail HearingOrder:
"Records the remaining three submissions. They say that one cannot allege and accuse the accused of conspiracy at this stage."
(Live Law)
Aryan Khan Bail HearingOrder:
"They argued that even after five days the NCB failed to establish the nexus of the accused. And grounds for remand and one and the same. And in these circumstances police custody is not justified."
(Live Law)
Aryan Khan Bail Hearing
Order:
"No further development was made. Remanding the accused to police custody is a serious concern and IO is required to give reasons. Therefore, the accused cannot be made hostage, till the main culprit is found, they have prayed for judicial custody ... The same has been reiterated by other accused."
(Bar and Bench)
Aryan Khan Bail Hearing"Learned counsel for A1- Aryan Khan says that except being interrogated once, he has not been interrogated. Mobile seized. The remand report clearly shows that the presence of.the accused with NCB is not necessary. No development since his arrest," the order reads.
(Live Law)
Aryan Khan Bail HearingCourt further records ASG's submissions that agency needs time based on the developments in the last few days.
(Live Law)
Aryan Khan Bail HearingOrder:
ASG submitted that further custody of the accused is required considering the subsequent events.
(Live Law)
Aryan Khan Bail HearingOrder states that according to decisions cited by the accused only in exceptional circumstances police custody should be sought.
(Live Law)
Aryan Khan Bail HearingOrder:
"Persused remand report and case diary and heard the counsel"
(Bar and Bench)
Aryan Khan Bail Hearing"
"Accused 1-8 produced today at 4 pm, by VV Singh. There are no complaints. NCB prayed for accused custody till October 11," court reads out order, reports Bar and Bench.
Aryan Khan Bail Hearing
Court is now dictating order
Aryan Khan Bail Hearing
Court asks, "Court: Does anyone want to argue any more?" "No we're done," replies Satish Maneshinde.
Aryan Khan Bail Hearing
"He says they were all found in one place. This is a cruise with so many people and rooms. This cruise is like a floating hotel. There may have been a sundown party but this was in individual rooms. If Taj Mahal Hotel is searched and contraband is found in five or six rooms, you cannot say it is a conspiracy," argues Ishmeet and Nupur's lawyer Ayaz Khan.
Aryan Khan Bail Hearing
"Tom-tomming from rooftops that there is a conspiracy does not actually mean conspiracy. With Achit, I have discussed football one year ago," Satish Maneshinde argues in court.
Aryan Khan Bail Hearing
"How long does it take them to download chats? Tom-tomming from the roof tops does not make it conspiracy. Chats are about football and foot ball does not contain any drugs," Advocate Maneshinde arguing for Aryan Khan.
Aryan Khan Bail Hearing
"Question of all these persons at the same place where drugs were found cannot be ignored," the ASG said.
Aryan Khan Bail Hearing
"Grant custody as we don't want to segregate accused. We are an agency and we will follow process according to law," ASG Anil Singh tells the court.
Aryan Khan Bail Hearing
Satish Maneshinde interrupts ASG Anil Singh and says, "Don't mention what we did not mention. Don't argue what we did not say. We all know what you were up to."
Aryan Khan Bail Hearing"If someone is aware of possession then that is involvement. Yesterday, we arrested Achit Kumar and a foreign national and just now we have arrested another person. It's not like we are sitting in the office doing no work. You cannot guide me in what manner I have to investigate," argues ASG Anil Singh.
"Did I tell you that?" rebuts Satish Maneshinde.
Aryan Khan Bail Hearing
"I am showing the statement because you narrated a story about how he went there. It can be considered at the remand stage," ASG Anil Singh tells court, adding, "This afternoon we have raided the main supplier and we have placed him under arrest a short while ago."
Aryan Khan Bail Hearing
Court is now being shown Aryan Khan's statement to the Narcotics Control Bureau. It will not be read out in open court. "Supreme Court has made it inadmissible," Satish Maneshinde tells court.
Aryan Khan Bail Hearing"They have argued as if it is a story that nobody knows anyone and it is not a conspiracy. My learned friend Mr Maneshinde's contention was that he was invited and he did not know anyone," ASG Anil Singh says. He then shows a statement to court saying that cannot read it in open court
Aryan Khan Bail Hearing
Additional Solicitor General Anil Singh now rebutting arguments.
Aryan Khan Bail Hearing
"As far as Nupur is concerned, what is recovered is four pills that's neither hashish nor ganja. Achit is not required to identify Ishmeet or Nupur," their lawyer said, adding, "If he was supplier of ganja, how was no ganja recovered from them?"
Aryan Khan Bail Hearing
"Statement says she has four pills and was given the same by one of the co-accused. He was also picked up from the cruise," Advocate Ayaz Khan for Ismeet and Nupur tells court.
Aryan Khan Bail Hearing
Advocate Kushal Mor, now arguing for Gomit Chopra, says, "I have been in illegal custody."
Aryan Khan Bail Hearing
"Nothing in the remand report for Mohak Jaswal. They say based on my statement they arrested Abdul Qadir Sheikh (the supplier)," Advocate Lakshmi Raman for Mohak Jaswal argues in court, reports Live Law.
Aryan Khan Bail Hearing
"I have been in their custody for 144 hours. They are answerable for every minute. There is nothing against me in the remand report. Forget conspiracy, they haven't been able to establish the connection among the eight," Advocate Raghuvanshi argues, adding, "I am pleading no further custody is required and they may grant me judicial custody."
Aryan Khan Bail Hearing
Ashish Raghuvanshi, lawyer for Vikrant Chokkher, is arguing now. "He has to show how the investigation needs my specific custody. State has to explain why they need each and every accused's custody," Ashish Raghuvanshi tells court.
Aryan Khan Bail Hearing"Is the NCB so inept and incompetent that they cannot find the supplier of grams of Charas? How are they combining recoveries? Please see the Panchanama," Advocate Sayyed tells court.
"We have also requested for CCTV footage. How long does it take to confront a man? And how are we connected with the others? If they can produce CCTV footage I will plead guilty," Advocate Sayyed further argues.
Aryan Khan Bail Hearing
"Accused number 2 is a friend of Accused number 1 (Aryan Khan). But they have not established any connection with the other accused. They have mentioned MDMA, cocaine and international cartels to only prejudice the court," Advocate Sayyed tells court.
Aryan Khan Bail Hearing
Advocate Taraq Sayyed now arguing for Arbaaz Mechant. He is Accused No. 2.
Aryan Khan Bail Hearing
Bail application kept in abeyance.
Aryan Khan Bail Hearing
"Have they found any chat that incriminates me? I have been in police custody for four days. I am submitting bail application," argues Kashif Khan.
Aryan Khan Bail Hearing
Lawyer for Munmum Dhamecha claims.she doesn't know Aryan Khan or Arbaaz Merchant, reports Live Law.
Aryan Khan Bail Hearing
"Am I concerned with the arrest of Achit Kumar? I have no connection to that accused. Remand application is silent on my role. While screening nothing was found on me. I want CCTV footage of the time of the search. The alleged drug was found on the floor," Kashif Khan argues for Munmun Dhamecha.
Aryan Khan Bail Hearing
"They have made recovery from the room," Kashif Khan says.
Aryan Khan Bail Hearing
Kashif Khan, lawyer for Munmun Dhamecha, arguing now
Aryan Khan Bail Hearing
"Once Your Honour sees the case diaries you will see no custody is required," Satish Maneshinde tells court.
Aryan Khan Bail Hearing
"There is no demand for our custody. The remand application also says. They have not moved beyond small quantity. I have not purchased or picked up anything from him. I know the ASG, that does not mean I am engaged in nefarious activities with him," Satish Maneshinde argues.
"NCB custody is unnecessary. Their case has always been we want to reach the main accused. He cannot he held hostage for as long they investigate and arrest them. Charges against Accused 1, 2 and 3 remains the same as the first remand application," argues Aryan Khan's lawyer.
"People who are put in judicial custody can also be confronted when required. Nothing was done as far as I am concerned. They did not confront me for two nights. I have no complaints, why will I not cooperate with them?" Aryan Khan's lawyer says.
"Achit Kumar is the only one I am to be confronted with. Why is custodial interrogation necessary? They could have confronted me today," Satish Maneshinde tells court.
"I have no connection with the organisers. Arbaaz Merchant is a friend but I am not connected with his activities," Satish Maneshinde tells court, adding, "Based on what they found on my mobile they arrested me."
"They asked me if I was carrying any drugs and I said no. They searched by bag and found nothing. They took my phone and took me to the NCB office," Aryan Khan's lawyer tells court.
"Pratik (Gaba) is also a friend of Arbaaz (Merchant) and he was also invited by Pratik (Gaba). I did not invite him. I walked with him since I knew him. Before I could board, they wanted to search me," Aryan Khan's lawyer tells court.
"There is a series of chats between me and (Pratik) Gaba but it does not refer to any rave party. Tthey are investigating a rave party," Aryan Khan's lawyer argues in court.
"I was invited as one of the persons connected to Bollywood and to add glamour," Aryan Khan's lawyer argues in court.
"A friend informed me that I was going to be invited as a VVIP to give credence to the cruise. Pratik Gaba was in touch with the organiser. There were more than 1,300 people on the ship," Satish Maneshinde tells court.
"Confrontation cannot be grounds for custody," Satish Maneshinde tells court.
"Yesterday after they arrested him (Achit kumar), they could have confronted him with Aryan Khan and Arbaaz Merchant. NCB is well equipped, they have more than 100 officers," Satish Maneshinde tells court.
"I did not argue thinking they will come up with something at least. They asked for seven days which your honour rightly refused," Satish Maneshinde tells court.
Satish Maneshinde begins arguments for Aryan Khan
"Law is well settled by Supreme Court. Retraction is to be considered at trial stage. It cannot be considered at this stage," says ASG Anil Singh.
Aryan Khan has filed a retraction of statement petition. Hence, the argument on retraction.
"Question is, is it one connected case. We have to establish the entire conspiracy and the deal. We cannot be segregating them. It cannot be done. The purpose of the agency is to find the real culprit and the entire gang. Or else it will continue forever. The entire chain will have to be screened," ASG Anil Singh tells court.
"We have intercepted other suppliers and are in the process of uncovering the chain and the racket. Aryan Khan gave the name of Achit Kumar and after that he was apprehended," ASG Anil Singh tells court.
"Investigation in this case is at a preliminary stage and the revelations made have to be verified," ASG Anil Singh tells court.
"NCB has arrested Achit Kumar along with seizure. He was named by Aryan Khan. During the interrogation of Arbaaz Merchant, the name of Achit Kumar came up. Confrontation of accused is essential. More attempts will be made today. Considering the seriousness custody may be extended," ASG Anil Singh tells court.
"All these persons are connected and there is a conspiracy," says ASG Anil Singh in court.
Aryan Khan, Arbaaz Merchant Munmun Dhamecha, Nupur Satija, Ishmeet Singh, Mohak Jaswal, Vikrant Chhoker, Gomit Chopra produced in court
Additional Solicitor General Anil Singh begins arguments in Aryan Khan and others custody case
Drugs recovered from Aryan Khan and others:
Aryan Khan: no seizures
Arbaaz Merchant: 6 grams of Hashish
Munmun Dhamecha: 5 grams of Hashish
Nupur Satija: 4 MDMA pills
Ismeet Singh: Cocaine and MDMA pills (intermediate quantity)
Mohak Jaswal: He had given the pills to Nupur Satija
Vikrant Chhokher: 5 grams of MD pills, 5 grams of mephedrone and 10 grams of cocaine
Gomit Chopra: 4 pills of MDMA
Aryan Khan and other accused being produced in court now
Aachit Kumar remanded to the custody of Narcotics Control Bureau till October 11.
Court reading the order, reports Bar and Bench:
"The NCB argued that in their investigation, they came across statements by Arbaaz Merchant and Aryan Khan which implicated Aachit Kumar.".
Court begins reading the order, reports Bar and Bench:
"He (the lawyer of the accused) is accusing that there is illegal arrest by NCB authorities. His allegations that 2.6 gms of ganja alleged to be seized can be part of the conspiracy. He argued that he relied upon investigation of various investigation agencies."
Court begins reading the order, reports Bar and Bench:
"Heard the learned counsels. The action of NCB and conducted raids. After research, 2.6 grams of ganja was recovered. Notice was issued for investigation purpose. All the associates need to be identified for custody. The accused's lawyer argued that he is making responsible statement that officers visited on October 5 and then on October 6, he was asked to call his parent."
"Who is the disease? The disease is not me. The sections are only for consumption. Consumers are not the disease. They are victims of the disease. Look at their sections - they are only for consumption. My application clearly says there is an illegal detention. I will cooperate and I will attend as many times as they want. Judicial custody may be granted so that I can exercise my remedy of bail," says Ashwin Thool in court, adding, "This joke needs to end, these lies need to end. The courts need to step in."
"I would pray custody will be given. Supreme Court has said drug abuse is like a malignant tumour," says Advait Sethna.
"Officers are working day and night and he is using all kinds of adjectives against them," Advait Sethna tells court. Court had said, "If you pick him up on that day you have to show arrest on the day."
"I compliment his linguistic ability but let's not be carried away. It has become a trend to say that we are lying. Fortunately, it is not the case. The arrest memo is not a lie," says Advait Sethna appearing for the NCB in court.
Small quantity was recovered from me. Judicial Custody may be given so that I can apply for bail, says Advocate Ashwin Thool in court.
Advocate Ashwin Thool cites a judgement - Central Bureau Of Investigation vs Anupam J Kulkarni on 8 May, 1992 - on when police custody should be granted and when not under Section 167 of the Code of Criminal Procedure, reports Live Law.
"I will stop short of calling them unscrupulous. They are saying I am part of the suppliers. What have they found on me? They have already confronted my client with accused number 1. They have found 2.6 grams on me. I submit that I may be granted judicial custody," says Achit Kumar's lawyer in court
"Once Aachit Kumar gets remanded to NCB's custody by the court, the illegality gets regularised," says Advocate Ashwin Thool, reports Live Law.
"Do you think they will admit the fact as stated by you? If it is so, why are you not challenging it?" court asks Achit Kumar's lawyer, reports Live Law.
"They are saying he is a supplier and they have found 2.6 grams of ganja. There is something called overzealous officers. The Court needs to take cognisance of this," Achit Kumar's lawyer tells court.
NCB Lying Before Court, Says Accused Achit Kumar's Lawyer
"The agency is lying in court. We have the CCTV footage. This is an illegal arrest. I will produce the records. They are lying before this court. They say I am a supplier but didn't add sections related to that,' says Achit Kumar's lawyer Ashwin Thool in court
'It is humbly prayed for short custody till October 11. Question which arises is why and how is he concerned. His name has come during the investigation. Every day there is a new development and there is a new finding,' says Advait Sethna, reports Bar and Bench
NCB's Mumbai team conducted a search at Achit Kumar's home in Powai and 2.6 grams of ganja was seized. He is a part of the ganja supplying network. Thorough and detailed investigation are required, says Advait Sethna in court.
Special Public Prosecutor Advait Sethna is appearing for the NCB while Satish Maneshinde is representing Aryan Khan
Narcotics Control Bureau seeks more time in custody for Aryan Khan
Further during the inquiry of Arbaaz Merchant, the name of Achit was revealed. Hence, for further investigation, confrontation with the already arrested persons is necessary, reports Live Law.
Shah Rukh Khan and his wife Gauri Khan are not at the court
Narcotics Control Bureau Seeks Aryan Khan's Custody Till October 11
Anti-drugs agency NCB submits remand application seeking custody of Aryan Khan and seven other accused till October 11.
Court allows a member of Aryan Khan's family and his lawyer's junior to meet the 23-year-old before hearing commences.