On October 8, the Bombay High Court was hearing the bail application for Aryan Khan, Arbaaz Merchant and other accused in the matter. After the hearing, the court observed that the ground of bail was not “maintainable” and hence, dismissed the plea.
Details
Bollywood actor Shahrukh Khan’s 23-year-old son Aryan Khan is in the eye of a major drug abuse scandal. On Sunday last week, he, along with other accused, were arrested from a Goa-bound cruise ship. The arrest was made after the Narcotics Control Bureau conducted a secret raid after receiving tip-off of a rave party happening on the cruise.
Since the arrest, Indian masses have been keenly following the case.
The case has also polarized the people. Some are claiming that the 23-year-old should be handled with empathy. Others however, want him to receive the justice he deserves.
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The Facts of the Matter
Amid all the “he’s-guilty, he’s-not-guilty”, shouting matches on television news media, the verdict is finally out on Aryan Khan. The 23-year-old’s bail plea was rejected by a Mumbai court in the cruise ship drug case. The court observed that the grounds on which the plea was shared was not maintainable.
Only Special Court Can Give Bail in NDPS Act
The NCB in the court challenged the “maintainability” of the bail plea. According to the NCB, only special sessions court can have the jurisdiction to hold a trial and hear a bail application in such a case.
“The jurisdiction of this court is within the confines of Section 36A of the NDPS Act. It is the prosecution’s case that all persons arrayed in the crime are alleged to have committed offences exclusively triable by special court of sessions,” the NCB’s reply stated, as quoted by Bar and Bench.
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Rhea Chakraborty’s Case Referred in Aryan Khan’s Case
Further, in the hearing today, prior judgement by the Bombay High Court in a Rhea Chakraborty VS Union of India case was referred to. The case transpired in 2020 after the untimely death of Sushant Singh Rajput. In that particular case, it was observed that all offences under the NDPS Act are not only non-bailable and cognizable, but are triable by the special court.
In the court, the NCB challenged Aryan’s representatives and submitted, “Hence, they are triable only by special court. Since the offence are triable exclusively by special court, the CMM has no jurisdiction to even entertain this application.”
Why Aryan Couldn’t Even Get Interim Bail?
Further, the Additional Solicitor General gave reference to another judgment where small amount of drugs were seized and the bail application was decided by the special court. Thus, Aryan couldn’t get an interim bail in the matter. “Even interim bail cannot be considered and it should go before a special court. Only a court that has the power to decide a regular bail application,” the ASG said.
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What Aryan Khan’s Lawyer Argued?
Meanwhile, lawyer Satish Maneshinde appeared on the behalf of Aryan Khan. Mr. Maneshinde argued that Aryan is a 23-year-old with no prior criminal history. He also added that as he comes from a respectable family who have roots in India, he will not abscond.
To this the ASG argued that there will be a chance of tampering with the evidence. “What will have to be considered is how influential the people are…there is a chance of tampering…This is not an isolated case and any sort of protection in the nature of bail would hamper investigation,” argued the ASG.
