The special NDPS court on Wednesday denied bail to Shahrukh Khan’s son Aryan Khan and the other two accused in the cruise ship drugs case saying Khan was aware that his friend Arbaaz Merchant was carrying drugs in his shoe.
The Narcotics Control Bureau (NCB) mainly relied on Khan's WhatsApp chats, the raid seizure panchnama and two disclosure statements under section 67 of the NDPS Act.
"Moreover, WhatsApp chats prima facie reveal Aryan Khan was dealing in illicit drug activities for narcotic substances on a regular basis. Therefore it cannot be said that Khan is not likely to commit a similar offence while on bail," said the special court judge VV Patil while refusing to give bail to Khan, Merchant and Munmun Dhamecha.
The court further observed that material placed on record reveals the nexus of the accused Khan with suppliers and peddlers. Khan knew contraband was concealed in Merchant's shoe. The court said that though nothing has been found from Khan, six grams of charas was found with Merchant, his friend, and circumstances go to show Khan knew about the contraband hidden in the shoe.
"Admittedly, accused Aryan Khan and Arbaz Merchant are friends for long. They travelled together and they were apprehended together at the international cruise terminal. Further, in their voluntary statements, both of them disclosed that they possessed the said substance for their consumption and for enjoyment. Thus, all these things go to show that Aryan Khan was having knowledge of contraband concealed by Merchant in his shoes."
The court said that since Khan allegedly knew about the charas in Merchant's shoe, it can be said that it was in conscious possession of both the accused. Therefore, Khan's counsel's submission of no contraband being recovered from him should be discarded.
The court added that there was a mention of a bulk quantity of drugs in the WhatsApp chats and there was prima facie material showing that Khan was in contact with persons dealing in prohibited narcotic substances as alleged by the prosecution.
The court said that evidence on record shows the accused are part of a larger network. Relying on the Bombay High Court order in the Showik Chakraborty case, it said that since the accused are part of the conspiracy, each of them is liable for the entire quantity of drugs seized and that the case of each accused cannot be segregated from each other and cannot be considered in isolation.
Further during the interrogation, they disclosed the names of those who supplied contraband to them. Thus all these facts prima facie go to show that the accused acted in conspiracy with each other, said the court.
The court noted the argument that since all the accused are influential persons, they are likely to tamper with the evidence if released on bail. Khan has exclusive details of other foreign nationals and drug dealers who were in contact with him and he has not yet disclosed the names of these persons. If he is released on bail, then the entire investigation will be hampered, it said.
The NCB arrested them on October 3 following a raid at the international departure terminal of a Goa-bound cruise ship the previous day. They are booked under sections 8(c) read with 20b (purchase), 27 (consumption), 28 (attempt to commit offence), 29 (abetment/ conspiracy) and 35 (presumption of culpable mental state) of the NDPS Act after six and five grams of charas were allegedly seized from his friend Merchant and model Dhamecha respectively.