The special NDPS court in Mumbai reserved the judgement for Aryan Khan, Arbaaz Merchant and Munmun Dhamecha’s bail plea on October 20, 2021 with regards to the drug bust case.
Special Judge VV Patil today, after hearing Additional Solicitor General Anil Singh appearing for NCB, said that he will pronounce the order on October 20, 2021.
The NCB has alleged that Khan is involved in the illicit "procurement and distribution" of contraband, and further he was in touch with some persons abroad who appear to be a part of an International Drug Network for illicit procurement.
Senior Advocate Amit Desai representing Aryan Khan dismissed these allegations as baseless. The counsels of the accused argued that they were mere invitees to the party and have no involvement in the alleged illicit drug trade.
The NCB has alleged that Khan is a regular consumer and was in conscious possession of the drugs. The agency relied on the case of Showik Chakraborty v. Union of India, where bail was denied in a case of alleged procurement of drugs, despite no recovery being made from Showik's person.
Advocate Taraq Sayed appearing for Arbaaz Merchant had argued that none of the WhatsApp chats can be looked into by the NCB because there is no seizure panchnama for the mobile phones. Khan’s counsel said that the accused are young kids and not drug peddlers who had learnt their lesson and hence should be granted bail.
Desai submitted that Khan may be granted bail as it does not affect the ongoing investigation and as bail doesn't take away their (NCB's) right to continue the investigation. Desai also said that there is a possibility that casual conversations on WhatsApp between friends may appear suspicious.
The Court also rejected an intervention application filed by a person claiming to be a social worker, concerned over increased drug menace in the country. The intervenor was also aggrieved by alleged 'special treatment' offered to Aryan Khan with expeditious hearing of the bail application.