‘No Positive Evidence to Show Aryan Khan, 2 Others Conspired’: HC in Detailed Bail Order

A single bench of Justice N.W. Sambre had on October 28 granted bail to Aryan Khan, his friend Arbaaz Merchant and model Munmun Dhamecha.

Mumbai: The Bombay High Court, in its detailed order granting bail to actor Shah Rukh Khan’s son Aryan Khan and two others in the drugs-on-cruise case, has said that prima facie it has not found any positive evidence against the accused to show that they had conspired to commit an offence.

A single bench of Justice N.W. Sambre had on October 28 granted bail to Aryan Khan, his friend Arbaaz Merchant and model Munmun Dhamecha in the case on a personal bond of Rs one lakh each. A detailed copy of the order was made available on Saturday.

The court said that perusal of the WhatsApp chats extracted from the phone of Aryan Khan shows that nothing objectionable was noticed to suggest that he, Merchant and Dhamecha along with other accused in the case have hatched a conspiracy of committing the offence in question.

It also held that the confessional statement of Aryan Khan recorded by the NCB under section 67 of the NDPS Act can be considered only for investigation purposes and cannot be used as a tool for drawing an inference that the accused have committed an offence under the NDPS Act.

“There is hardly any positive evidence on record to convince this court that all the accused persons with common intention agreed to commit unlawful acts,” the court said while rejecting the Narcotics Control Bureau’s (NCB) argument that the case of all the accused ought to be considered together.

Rather the probe carried out till date suggests that Aryan Khan and Arbaaz Merchant were travelling independently of Munmun Dhamecha and “there was no meeting of minds’ on the alleged offence, the 14-page order said.

“So as to infer the case of conspiracy against the applicants also, there is absence of material on record of them having such meeting of minds with the other accused, who were named in the offence in question,” the order said.

The court further noted that the trio had already suffered incarceration for almost 25 days and the prosecution had not even conducted a medical examination on them so as to determine if they had consumed drugs.

Aryan Khan, Merchant and Dhamecha were arrested by the NCB on October 3 and were booked under relevant sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for conspiracy, possession, sale, purchase and illicit trafficking of banned substances.

The court in its order noted that Aryan Khan was not found in possession of any objectionable substance and this fact has not been disputed. Merchant and Dhamecha were found to be in illegal possession of drugs, the quantity of which is considered a small quantity.

“The court, in such cases, is first required to ascertain whether there is enough material on record to prima facie infer that the applicants (Aryan Khan, Merchant and Dhamecha) have hatched a conspiracy and that the prosecution was justified in invoking provisions of section 29 (criminal conspiracy) of the NDPS Act,” the order said.

It added that to infer so, there has to be positive evidence about an agreement to do an unlawful act and such agreement must precede with meeting of minds.

Justice Sambre further said that the court needs to be sensitive to the fact that there has to be presence of basic material in the form of evidence so as to substantiate the case of conspiracy against the accused persons.

“Merely because the applicants were travelling on the cruise, that by itself cannot be termed as satisfying foundation for invoking provisions of section 29 (conspiracy) of the NDPS Act,” the court said.

Justice Sambre further said that even if the case of the prosecution is considered, the maximum punishment is not more than one year for such an offence.

Aryan Khan had walked out of the Arthur Road prison on October 30. As per the bail conditions imposed by the high court, he is required to appear before the NCB office in south Mumbai every Friday to mark his presence and shall not indulge in similar offences or tamper with evidence in the case.

Aryan Khan, Merchant and Dhamecha have also been directed to not leave the country without permission from the trial court and to inform the NCB if they intend to leave Mumbai.

Bombay HC Imposes 14 Conditions On Aryan Khan For Bail

Among other conditions, the court directed Khan to pay a personal bond of Rs 1 lakh with one or two sureties of the same amount.

Mumbai: The Bombay high court on Friday said Aryan Khan, son of superstar Shah Rukh Khan, shall be released on a personal bond of Rs 1 lakh with one or two sureties of the same amount.

A copy of the five-page operative order was signed by Justice N.W. Sambre on Friday afternoon.

This would help Aryan Khan’s advocates to secure his release from the Arthur Road prison in central Mumbai, where he is lodged, by evening.

Aryan Khan’s advocates will now take the certified copy of the HC order to the special court that is hearing the cases related to the Narcotic Drugs and Psychotropic Substances (NDPS) Act, along with the requisite documents and sureties.

Also read: Aryan Khan and the Right Wing’s Disdain for Bollywood’s Portrayal of Progressive Ideals

After verification, the special court will issue the release papers which would be handed over to the Arthur Road prison to secure Aryan Khan’s release.

In its order, the high court has imposed 14 conditions on Aryan Khan and co-accused Arbaaz Merchant and Munmun Dhamecha, who were also granted bail.

A single bench of Justice N W Sambre had on Thursday granted bail to Aryan Khan. 25 days after he was arrested during a drug raid on a cruise ship off the Mumbai coast. The high court had said it would provide a copy of its order on Friday.

(PTI)

In NCB’s Handling of Aryan Khan Drug Case, a Familiar Pattern Emerges

From leaking private chats to a section of the media to the narrative around the case constantly changing, the investigation has raised more questions than providing answers.

Mumbai: On October 26, as the Bombay high court began to hear the arguments in the bail application moved by Aryan Khan, actor Shahrukh Khan’s son, India Today TV ran an “exclusive” story about the “incriminating WhatsApp chat” between Khan and his friend and budding actress Ananya Pandey.

The conversation, the channel claimed, discussed procurement of drugs. This chat, as it appeared, was categorically leaked to a section of the media. Within minutes, the news broke on a few more TV channels. The chat, the defence lawyers have argued during the bail proceedings, was accessed and made public even before being placed on record. These chats, they claimed, were read out of context and intentionally leaked to colour public opinion.

There is a clear pattern that has emerged in the way the Narcotics Control Bureau (NCB) has functioned in the recent past, especially when it deals with celebrities and high-profile cases. In politically motivated cases, involving high-profile persons, the action seems to play not in a courtroom but outside it.

In the alleged drug party on a Goa-bound cruise involving Khan and others, right from day one, there are several allegations and questions raised about the way in which the case was handled. Khan was arrested on October 3. He was allegedly one of the many persons who had consumed drugs at the party. For an allegation of this nature, the NCB should have first conducted a medical examination on him and other arrested persons. Inexplicably, the NCB decided to not get the 23-year-old’s urine and blood samples tested – a common practice in any drug case.

Since the day of the arrest, Khan’s lawyers have been harping over the absence of one of the most crucial aspects in the case. The NCB, which while arresting Khan and two others – Arbaaz Merchant and Munmum Dhamecha – had applied sections of only consumption and later shifted their story to conspiracy and claimed a larger “international drug link” was involved. The claim, even 24 days since the raid, has not been substantiated.

The arrest memo drafted soon after Khan and other accused persons were taken into custody merely mentions “personal consumption”. But to substantiate this allegation too, the NCB has not attributed any quantity of drug to Khan or Merchant.

The Narcotic Drugs and Psychotropic Substances (NDPS) Act criminalises consumption and the maximum punishment under the Act is one year. Senior counsel Amit Desai, appearing for Khan, during the bail argument has repeatedly questioned the NCB’s intention to go for custody when as per the procedure laid down under section 41 A of the Code of Criminal Procedure (CrPC), the accused persons should have been issued notice to appear before the investigating team instead of seeking their physical custody. Khan and others have been in custody for 24 days now. This crucial aspect was recently emphasised on by the Andhra Pradesh high court in an NDPS case.

Two persons – Avin Sahu and Manish Rajgarhia – who too were arrested along with Khan were granted bail by the special NDPS court on October 26. They were ‘guests’ on the cruise and are the first of the 20 people who have been arrested to be granted bail in the case so far. Sahu is accused of consumption and Ragarhia, interestingly, was shown in possession of 2.4 grams of marijuana. Special judge V.V. Patil, who had earlier denied bail to Khan, Merchant and Dhamecha, passed the order granting bail to Sahu and Rajgarhia.

The bail application of Khan, Dhamecha and Merchant is scheduled for a third consecutive day of hearing on October 28 before the Bombay high court.

The defence has called the investigation a media trial and that Khan is made a scapegoat only because he is the son of a famous man. The NCB zonal head, Sameer Wankhede, who is heading the investigation, in one of his recent media interviews had claimed that his office has burst several narcotics rackets in recent years.

“The media does not highlight the news if we catch a normal person, but when there is a case involving a celebrity, the news is everywhere,” Wankhede had said. But it is also a fact that in those cases, the NCB has not leaked private chats to the media. Actress Rhea Chakraborty’s chats were also leaked last year.

Following the death of actor Sushant Singh Rajput by suicide, the manner in which his partner, Chakraborty, was hounded by media and the Central agencies, including the NCB, is seen to be playing out in Khan’s case too. But this time, unlike the past year, the Mahavikas Aghadi government in the state is more prepared and is poking holes in the procedure and is seen to be countering the NCB’s claims in a more combative manner.

NCB zonal director Sameer Wankhede. Photo: PTI

At the forefront is senior Nationalist Congress Party leader Nawab Malik, who has taken it upon himself to “expose” Wankhede and his ways. Malik’s son-in- law was booked in another NDPS case a few months ago, only to be later given a clean chit. He might have an axe to grind here but the evidence that he has brought forth so far questions the veracity of the NCB’s case.

For instance, let us look at the presence of the two panch (spot) witnesses in the case. These witnesses – one with a clear BJP link and another with a past crime record – were present on the cruise at the time of the raid. Within days of arrest, Malik made an explosive revelation by posting pictures of K.P. Gosavi, a self-styled private detective in Malaysia, with Khan. Gosavi, taken along by the NCB as a “respected person” – a prerequisite to qualify as a panch witness – has cases of forgery against him. Another person, Manish Bhanushali, is a well-known BJP worker. Bhanushali was seen posing with Merchant.

Since then, Malik has continued to make sensational claims – from an alleged conspiracy to malign the state government to falsely implicating Khan and others in a “fake case” and illegal tapping. During each of his press appearances, Malik has presented “evidence” to back his claims up. The most recent instance was when he alleged that Wankhede produced a “fake caste certificate” to become an Internal Revenue Service (IRS) officer. In the process, Wankhede’s religious identity has also been raked up. Wankhede has claimed that he has been unfairly targeted and his family has been dragged into murky politics.

Malik’s attacks have led one of the witnesses, Prabhakar Sail, to come ahead and make allegations of corruption and extortion against Wankhede. Sail, who claims to be Gosavi’s bodyguard, is one of the witnesses in the case. Sail, in an affidavit, has claimed that he overheard Gosavi speak to one Sam D’Souza about a Rs “18- crore deal”. Of this, Sail has claimed that Rs 8 crore was Wankhede’s share.

Sail claims that he was made to sign blank papers by Wankhede. After Sail, Shekhar Kamble, a witness in another case involving a Nigerian national has also claimed that he was made to sign 10-12 blank papers by Wankhede and his team.

Cruise Drugs Case: No Bail Yet for Aryan Khan, HC to Hear NCB’s Arguments on Thursday

Aryan Khan’s counsel Mukul Rohatgi, co-accused Arbaaz Merchant’s lawyer Amit Desai and advocate Ali Kaashif Khan Deshmukh who appeared for Munmun Dhamecha completed their arguments.

New Delhi: The Bombay high court will continue hearing the bail plea of Aryan Khan, the son of Bollywood actor Shah Rukh Khan who has been arrested in a drugs case, on Thursday, October 28, when the Narcotics Control Bureau (NCB) will present its arguments.

Aryan Khan’s counsel Mukul Rohatgi, co-accused Arbaaz Merchant’s lawyer Amit Desai and advocate Ali Kaashif Khan Deshmukh who appeared for Munmun Dhamecha completed their arguments.

After the hearing which went on for over two hours, Justice N.W. Sambre said he would hear Additional Solicitor General Anil Singh, who is representing the NCB, on Thursday.

“Tomorrow we will try to finish it,” the judge said.

In Wednesday’s hearing, according to Live Law, senior counsel Amit Desai, appearing for Merchant, contended that the maximum case against him is of personal consumption of drugs, and denied the allegations of “conspiracy” for illicit trade of drugs. He contended that the three are not accused of ‘use’ as defined under the NDPS Act as per the arrest memo.

The NCB had on October 20 told a sessions court that section 29 of the NDPS Act, pertaining to “conspiracy”, was applicable in this case, therefore denying bail to Aryan Khan.

According to Indian Express, Desai further stated that the intention to consume is not applicable “as no medical test was done.” “We are arrested for an offence which is not committed,” he added.

Also read: Why Aryan Khan? And Other Questions About NCB’s ‘Cruise Drugs Party’ Raid

“What is abundantly clearly is that there are no WhatsApp chats that connect conspiracy to the rave party (Mumbai cruise ship),” he said.

Senior Advocate Mukul Rohatgi, appearing for Aryan Khan, referred to the arrest memo, the Indian Express reported. Referring to the Madhu Limaye judgment of the Supreme Court, he said, “Law requires you need to give true and right ground for arrest. There has to be connection with me (Aryan) and Arbaaz. Section 50 of CrPC stipulates that persons should be informed of arrest and right of bail. Article 22 of the constitution is important to us. That article flows from Article 21 (Right to life and personal liberty).”

“Seeing the remand application was misleading, as if to make one feel that the large quantities mentioned in that were recovered from Aryan Khan… Remand application must give and true and correct facts,” he said.

Advocate Ali Kaashif Khan Deshmukh, appearing for Dhamecha, said: “I (Munmun) was invited on the cruise and was in a room along with one Somiya and Baldev when the NCB came for the alleged search. Arrest memo is made against me, but there is no material to incriminate me. I am a 28-year-old woman who came here for my future in fashion industry and I have got no connection with other accused. Just that I was present in the room where drug was found, therefore I am in the case. Somiya and Baldev were allowed to go.”

“NCB failed to prove who bought the drugs which are being foisted on me. If they can’t find where it came from, then all 1,300 people (on the cruise) should have been arrested in the case. Even if my medical test was conducted and even if it’s done in future, I am sure there wouldn’t be anything found on me. They have completely failed to show any of my nexus and connection,” he added.

Additional Solicitor General Anil Singh will respond to all three bail pleas on behalf of the NCB, as per the report.

The hearing will start at 2:30 PM on Thursday.

(With inputs from PTI)

Aryan Khan and India’s Addiction to the Drug Called Majoritarianism

On the one hand is a manufactured paranoia about ‘drug use’ and on the other is Aryan’s father Shahrukh’s mass appeal which offers a powerful idea of Indian Muslimness.

Today living in India gives one a feeling of being both spectator and dramatis personae of a dark, menacing theatre of violence.

Much of its grotesqueness is exaggerated by the fact that state agencies and their ‘rule of law’ are actively aiding and committing the worst excesses against the weakest and most vulnerable Indian citizens.

The recent barbaric ‘terror attack’ on protesting farmers in Lakhimpur Kheri by a Union minister’s son and the continuing illegal incarceration of young activists like Sharjeel Imam and Umar Khalid under draconian anti-terrorism laws show how a dark bewitchment is blinding us to what terror means and who its perpetrators are.

Even as many in the political opposition and various civil society groups are continuing to demand accountability from the Union and state governments, there is also a sickening wave of endorsement of state terror across large sections of social and electronic media. The message being transmitted is loud and clear — any opposition to the government, overt or covert, will first be invented as an inexcusable political/moral transgression, for example, as terrorism and then punished in an exemplary fashion, all flush under the smooth visage of legal procedurality.

Vindictiveness 

It is hardly ironical that the recent replay of this collective narcosis involves the Narcotics Control Bureau (NCB), a government department that has been let loose on Bollywood after the sympathisers of the Bhartiya Janata Party instrumentalised the tragic suicide of actor Sushant Singh Rajput in June 2020.

In the immediate event of Rajput’s death, it came to light that the actor suffered from mental illness, and used marijuana for recreational purposes. While the more pressing and serious issue of mental illness was completely glossed over in the public discourse over the actor’s death, marijuana use was blown up and used as a central hook to arrest 34 people, including his partner and actress Rhea Chakraborty and her brother Showick.

The Chakraborty siblings were arrested by the NCB and kept in jail for over one month, on the accusation of procuring drugs for Rajput. Their WhatsApp chats were scanned and leaked to various news outlets as evidence of their alleged involvement with drug traffickers. However, finally, in the absence of any concrete evidence, they were released on bail.

Since then several Bollywood actors, especially those who have refused to toe the Union government’s line – for instance, Deepika Padukone who visited the JNU campus to extend solidarity to students brutalised by masked attackers – have been called in for questioning by the NCB. Incidentally, no arrests have been made in the JNU case, even though the identity of the masked attackers, affiliated to the youth wing of the BJP, has become publicly known.

Also read: Bollywood Is a Major Target for Right Wing Groups Looking for Signs of ‘Hinduphobia’

The most recent in this line of vindictive arrests by the NCB are three young people – Aryan Khan (23), Arbaaz Merchant (26) and Munmun Dhamecha (29). These arrests were made during a raid conducted by the NCB on a cruise ship where no drugs were found in Aryan Khan’s possession, nor was he found consuming or selling any illegal substances. A small, non-commercial quantity of weed, however, was recovered from his friend Arbaaz Merchant.

In the absence of any charges of possession, consumption or trafficking that can be brought against Khan under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), the NCB has argued to keep him in jail on the grounds of “conscious consumption”. A concept that finds no mention even within the NDPS Act. The NCB argues that Khan should be held vicariously liable for weed possessed by his friend. Just two days ago his bail application was rejected for the second time.

Targeted for Shahrukh Khan’s Muslimness?   

Aryan is the son of Bollywood superstar Shahrukh Khan, who has been repeatedly targeted by Hindutva forces in the past few years. This is not only because Shahrukh has refrained from enthusiastically endorsing the Hindu majoritarian leadership of Narendra Modi unlike several of his colleagues; but also, because the intergenerational mass appeal of his stardom produces a powerful idea of Indian Muslimness that is deeply threatening to the Hindu Right.

Shah Rukh Khan. Credit: PTI/Files

Shah Rukh Khan. Photo: PTI/Files.

In her moving tribute to Shahrukh Khan, filmmaker Paromita Vohra speaks of the concept of Mehmaan Nawaazi” or making a guest feel at ease as being integral to Shahrukh Khan’s star appeal. She notes that it is only when you feel at home with yourself and in your world can you make others feel warm and welcome.

Also read: Why Aryan Khan? And Other Questions About NCB’s ‘Cruise Drugs Party’ Raid

This endearing, intelligent, loving Muslim host goes against the Hindutva propaganda of the foreigner, invader, brute Muslim, who must be shown his place as the ‘other’ and an ‘outsider’. Such is the infectious power of Shahrukh’s on and off-screen persona that since the arrest of his son on October 2, millions of messages of support, love and prayers have flooded social media, petitions signed by thousands demanding justice for Aryan are doing the rounds, fans have left declarations of their affection outside his residence, and most recently Outlook has dedicated an entire issue to the star.

Manufactured paranoia of drug abuse

While it is obvious why Aryan Khan is being targeted, it is also important to place this manufactured paranoia about ‘drug use’ in its proper context. Currently being used as a technique to mark, malign, isolate and attack individuals, the accusation of consumption of ganja/weed cannot be collapsed with harmful chemical drugs like heroin or methamphetamine.

Legal and in wide consumption till 1984, cannabis continues to be used in various therapeutic preparations for relief against anxiety, inflammation, pain and insomnia.

A man smoking a joint. Representative image. Photo: Unsplash

Further, it is nothing short of black humour that those who claim to be the gatekeepers of ‘authentic’ Brahminical Indianness should reinforce the criminalisation of weed, a substance that finds a glowing mention in almost all Vedic texts and ayurvedic treatise, including the Atharva Veda and the Sushruta Samhita.

It was only after the United States of America took a hard position on marijuana use in the United Nations Convention on narcotic substances in 1961 that India, a signatory of the treaty, was given a period of 25 years to regulate marijuana usage within its borders. However, since the by-products of the marijuana plant like bhang have a social significance in Hindu festivals like Holi, India agreed to criminalise only the bud of the marijuana plant, and not its leaves or seeds.

To know that less than four decades ago marijuana consumption was not criminal, and the recent criminalisation of the plant is a result of global power imbalances that can keep us from getting consumed by the sinister malice that is being targeted at inconvenient individuals by the current dispensation.

Why criminalising drug use doesn’t work

Further, it may also be useful to note that within the gamut of strategies used to tackle serious drug abuse, decriminalisation has proven to be far more effective than crackdowns and incarcerations.

The most striking amongst these is the story of Portugal. In the 1990s, Portugal was in the clutches of widespread heroin addiction. Large parts of the population, including young students and professionals, were addicted to the drug, which also caused a huge spike in the number of HIV infections, the highest at the time within Europe.

Also read: ‘Drug Users Need Rehabilitation, Not Jail’: Social Justice Ministry Calls for Humane Approach

For nearly two decades, Portugal tried the American approach of stricter laws, more arrests and harsher charges. This led to a huge increase in an addiction-inflicted inmate population, but had little effect on the disastrous growth of the addiction epidemic itself.

It was only in 2001 that Portugal made a radical about-turn and decriminalised the consumption of all drugs. This led to a paradigm shift from thinking of drug abuse as criminal activity to a medical condition that needs help.

Within the span of a few years, drug abuse-related deaths, HIV infections and addiction-enabled street violence fell much lower than the European average and have remained so. The United States, on the other hand, continues to struggle with what has been described as an ‘opioid epidemic’ and rising rates of drug abuse, in spite of harsher laws and criminal procedures.

Finally, it is only in an ethos of mutual care, intelligent and capacious love, and radical acceptance that we can hope to ‘de-addict’ ourselves from the vicious poison of majoritarianism. Perhaps it would be a good idea to begin by self-medicating with some Shahrukh Khan films.

Pallavi Paul is a filmmaker and visual artist. She has a PhD in film studies from JNU, New Delhi.

Watch | The Cruise Drug Case, Aryan Khan and Allegations: The Story so Far

Denied bail, Aryan’s lawyer will now have to approach the sessions court.

Bollywood star Shah Rukh Khan’s son Aryan Khan has been denied bail in the cruise drugs case. The court has also rejected the bail plea of two other accused, Arbaaz Merchant and Munmun Dhamecha.

After hearing the arguments, the magistrate said their applications were not maintainable. Aryan’s lawyer will now have to approach the sessions court for bail.

In this video of The Wire Explains, we narrate what has happened in this case so far, what are the allegations against Aryan Khan and, finally, how Aryan’s name came to be associated with this case.

Drugs Case: Mumbai Court Refuses Bail to Aryan Khan, Munmun Dhamecha and Arbaaz Merchantt

The court on Thursday sent eight arrested in the case to 14-day judicial remand after their Narcotics Control Bureau custody ended.

Mumbai: A metropolitan magistrate’s court on Friday denied bail to Aryan Khan, son of Bollywood actor Shah Rukh Khan, and two others in a case pertaining to the alleged seizure of banned drugs from a cruise ship off the Mumbai coast.

Additional chief metropolitan magistrate R.M. Nerlikar rejected the bail pleas of Aryan Khan (23), Munmun Dhamecha and Arbaaz Merchantt.

The court on Thursday sent Aryan Khan and seven others arrested in the case to 14-day judicial remand after their Narcotics Control Bureau (NCB) custody ended.

Additional solicitor general Anil Singh, appearing for the NCB, opposed the bail applications of the three accused.

After hearing the arguments, the magistrate denied bail to Khan, Dhamecha and Merchantt, saying their applications were not maintainable.

The NCB had arrested these three along with some others over the last weekend after raiding the Goa-bound Cordelia cruise ship on Saturday evening. The central agency had claimed to have recovered drugs from the ship.

A total of 18 persons have been arrested so far in the case.