No bail for Aryan Khan today, hearing to resume tomorrow; probe reveals his involvement, says NCB

The counsel for actor Shah Rukh Khan’s son Aryan Khan, who has been arrested in connection with the seizure of banned drugs onboard a cruise ship off the Mumbai coast, told a Mumbai court on Wednesday that no such contraband was seized from his client and that he did not have any cash on him during the Narcotics Control Bureau raid aboard a ship, reported Bar and Bench. The bail hearing will continue tomorrow. Aryan will spend another night in jail as the hearing on his bail plea was adjourned and arguments will continue tomorrow noon, reported  News18. The court on Wednesday was hearing bail arguments on Aryan Khan, Arbaaz Merchant and Munmun Dhamecha. The NCB has opposed bail to the three citing grounds including that the investigation is ongoing and the charge of conspiracy is invoked against them. Amit Desai, representing Shah Rukh Khan’s son, said “The 13 gms of cocaine are not from Khan and neither are the ecstasy pills, [or] mephedrone. Nothing is from him. He did not have cash. He did not have plans to consume or sell drugs.” Desai also added that illicit international drug trafficking accusations were being dumped on Aryan Khan. “We don’t expect NCB to use it casually. See if you can even remotely suggest that this boy is involved in illicit trafficking. As per SC, this is absurd and false," he said.

His lawyer concluded his arguments saying that Aryan had “suffered enough and has learned his lesson.”

The Narcotics Control Bureau on Wednesday opposed the bail plea filed by Aryan Khan saying the probe so far has revealed his role in the conspiracy and illicit procurement and consumption of drugs. The NCB in its affidavit also said that Aryan Khan was in touch with some persons, who appear to be a part of an international drug network for procurement of drugs. _**Read also: The Fabulous Lives of Bollywood Kids: Why Aryan Khan's media trial is unfair, but hardly surprising**_ Further probe is on with regard to financial transactions done abroad, the agency said. During initial investigation, some international linkages pertinent to this applicant (Aryan Khan) have been unearthed which prima facie indicate towards illicit drug procurement. The investigation requires sufficient time so as to approach the foreign agency concerned, the affidavit said. The NCB also submitted in the affidavit that the case of each of the accused cannot be considered individually or separately, as prima facie investigation reveals that there is a close link/nexus among all the accused, including Aryan Khan, for conspiracy to commit offences. It is not feasible to dissect or separate each from the other. All ingredients of crime, that are preparation, intention, attempt and commission, are present for this applicant (Aryan Khan), the affidavit said. The NCB submitted its affidavit in response to the bail plea filed by Aryan Khan before special judge VV Patil, designated to hear matters related to the Narcotics Drugs and Psychotropic Substances (NDPS) Act. The judge is currently hearing the bail plea. Aryan Khan was arrested on 3 October following a raid on the Goa-bound cruise ship and is presently in judicial custody. He is lodged at the Arthur Road prison in Mumbai. He approached the special court seeking bail after a magistrate’s court rejected the same last week. It is prima facie revealed that accused No 1 (Aryan Khan) used to procure contraband from accused No 2 (Arbaaz Merchant) and the sources connected to accused No 2, from whose conscious possession six grams of Charas was recovered, the NCB said in its affidavit. It further said the material collated during investigation primarily revealed that Aryan Khan has a role in illicit procurement and distribution of contraband. As per investigations carried out so far, accused Aachit Kumar and Shivraj Harijan had supplied Charas to Aryan Khan and Arbaaz Merchant, the anti-drug agency said. The role and involvement of this applicant (Aryan Khan) in the commission of grave and serious offences under the NDPS Act, including illicit drug trafficking, is apparent considering the nexus and connection of this applicant with the other accused in the case, the NCB said. All the accused are inextricably connected and hence, it is not possible to dissect the role of each accused from the other, it added. Prima facie investigation reveals a close nexus between all the accused persons and their involvement in conspiracy to commit illegal acts cannot be ruled out, the agency further said. The case of each applicant cannot be considered in isolation. All these persons are an integral part of a common thread which cannot be separated or dissected from one another. In such a situation, the quantum of recovery (of drugs) from one accused becomes inconsequential, the NCB said in the affidavit. 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 the investigation, it said. From the investigation, it is revealed that all the accused persons form a part of a “larger chain/nexus” and their involvement in the conspiracy to commit illegal acts and violations under Section 29 of the NDPS Act cannot be ruled out, the affidavit said. Section 29 of the NDPS Act pertains to abetment to commit an offence or criminal conspiracy. The NCB further said there have been several seizures of intermediary quantities of drugs from Aryan Khan’s co-accused and there has also been seizure of commercial quantities of Mephedrone from one accused  Abdul Sheikh. It said the allegations that the accused have been falsely implicated are untrue and misleading, as there is sufficient material in the form of WhatsApp chats and photographs which show the ingredients of conspiracy. Considering the influence that Aryan Khan holds in the society, it is very much possible that he may tamper with evidence and influence other witnesses whom he personally knows, the affidavit said, adding there is also a possibility of the accused fleeing justice. The court is also hearing the bail pleas filed by Arbaaz Merchant, Munmun Dhamecha, Nupur Satija, Aachit Kumar, Mohak Jaiswal, Shreyas Iyer and Avin Sahu. So far, 20 people have been arrested in the case.