Mumbai Drug Case Updates: Court adjourns Aryan Khan and other accused bail hearing till today

Pune Police has issued a look-out notice against Kiran Gosavi, who was present at the time of action in the drug party case against actor Shahrukh Khan's son Aryan Khan on cruise. Police has taken this action against Kiran in ​​a fraud case registered against him in the year 2018 at Faraskhana police station in Pune. 

Gosavi had duped a youth of 3 lakh rupees in the name of getting a job in Malaysia through a social networking site. A complaint was registered against him in this case on May 29, 2018. Accused Gosavi was on the run since the registration of the case. In this case, the police has also filed a charge sheet in the Pune Court, in which he was declared absconding on his non-receipt.

-Jay Prakash

Aryan Khan's lawyer Satish Manshinde and Shah Rukh Khan's manager Pooja Dadlani leave from Mumbai's session court after the hearing was adjourned for tomorrow.

A Mumbai Court adjourns hearing for tomorrow on bail applications of Aryan Khan, Arbaaz Merchant and Munmun Dhamecha.

ASG Anil Singh argues that there is evidence that shows that Aryan Khan was in contact with a person living abroad over drugs.

Rhea Chakraborty's name was mentioned during Aryan Khan’s bail hearing earlier. On Wednesday (October 13) the actress took to Instagram and shared a cryptic post. READ HERE

ASG argues that it is difficult to believe that Aryan Khan was present at the party only because he was invited. He says that it is necessary to go to the root of the matter because drugs were recovered from one accused (Arbaaz).

He further explains that there was a conspiracy so NDPS Sec 29 was applied. There was a mention of 'bulk quantity' in the WhatsApp chats. No one will order bulk quantities just for themselves. There are conversations with foreign nationals. If any accused is released, there may be an attempt to hamper the evidence.

According to Bar and Bench, ASG Anil Singh requested the court that he will make his arguments tomorrow or after one hour. He said, "Bail matters are heard day in and out, but it is not like they have to be decided on the same day. This is an agency, and the entire nation is concerned with the drug trafficking and consumption which is a serious offence in the society."

Ali Kasif, Munmun Dhamecha's lawyer, "I (Munmun) don't even know Aryan. I was invited to that party by a person named Baldev. Any case has not been made against him. I was arrested for justifying the arrest of Aryan and Arbaaz. The Panchnama states that drugs were recovered from a table. During that time two more people were present in that room yet they were not arrested.".

Advocate Taraq Sayed begins arguments for Arbaaz Merchantt. He claims that the entire case is based on mobile phones and the panchnama. That recovery will attract Section 27a, nothing more than that.

Anil Desai claims, "Aryan Khan was not involved in this conspiracy..he was invited..then how come the issue of conspiracy."

He submits a chart which shows how Aryan Khan was arrested. The NCB should have kept the offences separate, even though it is their discretion. It will be a chaotic task to frame charges in the trial in this case with these charges

NCB has presented copies of their reply opposing bail for each accused. Here are the key points.

Anil Desai reads the bail application of Aryan Khan. "The Sections were mentioned in the arrest memo when I was placed under arrest. I was only arrested for Sections 27, 20(b), 28, 29, 8(c) of the NDPS Act which inlcudes selling, purchase, possession of drugs while none of this was found."

NCB has filed a reply, its gist is only that all the accused are connected to each other. Aryan is associated with international drugs trafficking. 

Anil Desai argues that his client Aryan has never denied his friendship with Arbaaz Merchantt and the two grew up together.

On behalf of Aryan, he said, "I (Aryan) don't know who they (NCB) are arresting. Tomorrow they will arrest anyone and connect with this case."

Anil Desai said, "Well drafted documents have been prepared by NCB, after reading which it appears that Aryan is associated with all these accused. We need to look at the basic facts. Illicit international drug trafficking is a very scary word and it's all been thrown on Aryan. This word cannot be used so casually. This word is a word to be used in law."

He further questions that when Aryan Khan was detained, his mobile phone was confiscated. Till date, the NCB has not imposed section 27A which comes under Illicit international drug trafficking, then how can they say that this is illegal drug trafficking?

(With Inputs from Dinesh Mourya)

Aryan's lawyer Anil Desai: Aryan was never questioned again after the first interrogation. His statement was recorded on 3 October. His first bail plea was rejected only because that court did not have the authority to grant him bail.

Amit Desai argues, "According to what is shown in the recovery, how would Aryan buy drugs when he did not have money on him? When he did not have drugs on him, how would he sell?"

Aryan Khan's lawyer Anil Desai further argues that there is no connection between Aryan and the recovery made by NCB. He claims that Arbaaz Merchantt has confessed that he brought charas for himself. Then why would he sell it? Then the question of buying drugs does not arise."

Anil Desai said, "The one who did not have anything on him was the first to get arrested and produced in the court but the one from whom the drugs were recovered was shown to be arrested the next day."

Anil Desai further states, "When IO Prasad asked Aryan and Arbaaz if they consume drugs. Arbaaz revealed that they have drugs and both of them (Aryan & Arbaaz) consume charas. 6 gm charas was recovered from Arbaaz but no recovery has been found from my client Aryan. and NCB is also admitting it.

There has been recovery from Vikram, Ishmat and Arbaaz. These three will answer about it but nothing has been recovered from my client. NCB already had information about who had drugs but the information they got about my client was wrong.

NCB claims that Aryan has confessed that he consumed charas but you (the judge) know how such statements are taken under pressure."

Satish Maneshinde informs that Amit Desai will argue on our behalf for Aryan Khan. Desai requests the court to have different arguments for each accused because they are all arrested on different terms. While NCB has said that they will give only one reply to oppose the bail pleas of all accused.

Amit Desai-- My client arrived in the afternoon on 2nd October.. They were invited to this Cruise party. I reached there with my friend Arbaaz. As soon as I reached for a security check, I was stopped by NCB officials and was searched. IO Prasad told me (Aryan) that, he has information that a group coming in this cruise has drugs for sale and consumption..

Narcotics Control Bureau (NCB) has summoned filmmaker Imtiaz Khatri for questioning. He has been asked to appear before the agency on October 14, says the agency.

The hearing of bail plea begins.

Urfi says: "He'll probably take a lot of time to come out of this trauma. Even before the court's verdict people have started bashing him just because he is his father's son. Why don't we show equal outrage for rapes and murders? We are so quick in shaming actors even before the court's verdict. Why aren't we as quick when it comes to shaming rapists?"

Urfi who is known for creating headlines for her airport looks and shows like 'Bade Bhaiyya Ki Dulhania', 'Meri Durga' and 'Bepannaah', shares her perspective on the same adding: "There are political leaders, religious gurus out there facing allegations of rape, still people worship them. And then there is this poor kid who hasn't harmed anyone but is being publicly bashed so much."

NCB explained in detail about the role of accused number 1 Aryan Khan in its reply. See it here:

1. Aryan used to buy drugs from Arbaaz

2. According to the evidence found so far during the investigation, Aryan was involved in the purchase and distribution of drugs.

3. Accused number 17 Achit Kumar and accused number 19 Shivraj Harijan provide drugs to Aryan and Arbaaz.

4. Aryan and Arbaaz were roaming close to each other and this is enough to invoke section 29 of NDPS.

5. According to the investigation, Aryan and Arbaaz travelled together, from this it is clear that both of them went on the cruise under common intent.

6. Even though no or very few drugs have been recovered from some of the accused, their involvement in the conspiracy of the crime forms the basis of investigation.

-Dinesh Maurya

Achit Kumar has also been described as Aryan's direct drug supplier. Achit has been arrested with 2.6 grams of ganja.

-Dinesh Maurya

There is also a mention about Aryan in the reply. He used to take drugs from Arbaaz and his sources. Aryan is accused no 1. There is material on record, so far, to show that Accused No. 1 was in touch with some people abroad who appear to be a part of an International Drug Network for illicit procurement of drugs. The investigation in this regard is in progress. 

-Dinesh Maurya

Even if there is no recovery of small substances, the accused are involved in conspiracy, states NCB reply. Aryan Khan was accused of being used to procure contraband and the contraband was found in the custody of Merchant. The investigations pertaining to transactions abroad need to be investigated and are being investigated, NCB.

Even though from some of the accused there is no recovery or less recovery of contraband, the participation by acts of such persons, who have acted in concert, conspiracy forms the basis of investigation.

Drugs on cruise matter | Narcotics Control Bureau (NCB) hands over copies of their reply to the concerned lawyers on bail applications of Aryan Khan and other accused. NCB has opposed bail for each accused.

Aryan and the other accused who were sent with him are likely to spend the weekend in quarantine cells. They would not get any special treatment inside the jail.

READ MORE

Zonal Director Sameer Wankhede reaches NCB office. He will attend Aryan Khan's bail plea hearing later in the afternoon.

Bail applications of SRK's son Aryan Khan, Nupur Satija, Aachit Kumar, Arbaaz Merchant, Mohak Jaswal, Munmun Dhamecha, Shreyas Nair and Avin Sahu will be heard today.

Taking to Twitter, Kamaal Rashid Khan tweeted, "According to my sources many celebrity kids are planning to leave India after the incident of #AryanKhan! They think that if it can happen with #Aryan then it can happen with anyone!"

Senior Advocate Amit Desai and Satish Maneshinde are present in the court and waiting for NCB.

SRK's manager Pooja Dadlani reaches court and submits application to enter the court. In the previous hearing, she was denied entry into the court.

-Dinesh Maurya

Imtiaz Khatri has been questioned for the second time for about 8 hours on Tuesday. Khatri has not been given a clean chit by NCB yet. He is being inquired about Aryan's drug connection. Apart from this case, Imtiaz was even questioned by the agency during Sushant Singh Rajput's case.

-Jaypee Singh

Narcotics Control Bureau officials have so far arrested 20 accused in this case, while continuous interrogation of 5 suspects is going on, including filmmaker and builder Imtiaz Khatri. The agency has raided Imtiaz Khatri's Bandra house. In this case, 2 Delhi organizers have also come under the scanner. NCB had also sent summons to them to appear at NCB office on Tuesday 12th October but both of them did not come. 

NCB has also detained the son of a big drug smuggler from Shyamgarh in Madhya Pradesh. According to sources, this smuggler was arrested a few days ago by Indore Crime Branch with drugs worth Rs 1 crore 10 lakh. For those unversed, the model arrested by NCB, who is from Delhi, is originally from Madhya Pradesh.

-Jaypee Singh

Maharashtra Home Minister Dilip Walse Patil on Tuesday said that no instructions have been given to Mumbai Police to track or follow officials of Narcotics Control Bureau (NCB). Speaking to reporters, Walse-Patil said, "I have no information about any central agency is being followed and no such instructions have been given to Mumbai police."

NCB Zonal on Monday filed a complaint with Maharashtra Police, alleging that illegal surveillance is being carried out on him. In the complaint, Sameer Wankhede has alleged that in the past 36-48 hours, illegal surveillance is being carried out on his movements, the proof of which the NCB sleuth says he has in the form of CCTV footage.

On Monday, when Aryan Khan's counsel Amit Desai mentioned the bail plea, NCB's advocates A M Chimalkar and Advait Sethna sought a week's time to respond and file their affidavit. They said the investigation in the case was still on and there was quite a lot of material collected by the agency and at this stage, it needs to be seen if releasing Aryan Khan on bail would hamper the probe into the case.

Desai, however, objected to it, saying a person's liberty is at question here, and argued that releasing the accused on bail would not stop the investigation in the case. Chimalkar, however, said that the agency needs at least a few days time to file its reply. Sethna, appearing for NCB, told the court that there was no extreme urgency for the bail plea to be heard immediately.

Desai then sought the court to hear and decide Aryan Khan's plea separately, saying the recovery of drugs from each accused in the case was different. But, Chimalkar and Sethna opposed it and said the conspiracy is the same.

-PTI

Aryan Khan was arrested on October 3. He is currently in judicial custody and lodged at the Arthur Road prison in Mumbai. He approached the special court for bail after his plea for the same was rejected by a magistrate's court last week on the ground that it did not have the jurisdiction to decide the matter.

A total of 20 people, including two Nigerian nationals, have been arrested so far in the case related to the seizure of drugs following a raid at a party on the Cordelia cruise ship off the Mumbai coast on October 2.