The Narcotics Control Bureau is preparing to move the Supreme Court against Aryan Khan's bail from the Bombay High Court. On Monday, on behalf of NCB, it was said that we were waiting for the detailed judgment of the court and now after getting the bailable order, we are taking legal opinion to approach the higher court in this matter.
On October 28, the Bombay High Court granted conditional bail to Aryan Khan, son of actor Shah Rukh Khan, who was caught from the cruise on October 2. However, then the court had given only the operative portion.
On October 28, a single bench of Justice NW Sambre of the High Court had accepted the bail of Aryan Khan, Arbaaz Merchant, and Munmun Dhamecha. After this, on Saturday, the Bombay High Court had issued a detailed copy of the bail order. In the detailed judgment issued by the court, it was said that the NCB had no evidence against Aryan Khan. The Bombay High Court has held that there is no concrete evidence that Aryan Khan, along with other accused, conspired for drug consumption. Aryan Khan's WhatsApp chat can also not be considered as any special evidence.
The High Court said, "No on-record positive evidence has been produced before the Court to establish that all the accused persons with common intention to commit the unlawful act." It further said, "The court is sensitive to the fact that there should be basic material in the form of evidence, to prove the case of conspiracy against the applicants."
What else has the High Court said in the detailed order
Aryan had conspired with other people, the High Court has refused to accept this offer of NCB. The High Court has observed that the material produced by the NCB does not provide any solid evidence against the accused.
The High Court has observed that there should be some evidence to prove that there was an agreement between all the accused and that they had conspired together earlier.
The High Court has clearly stated that traveling together cannot be considered as a ground for conspiracy. Just because Aryan and his friends Arbaaz Merchant, Munmun Dhamecha were on the same cruise, this in itself cannot be a basis for the charge of conspiracy against them.
No recovery of drugs from Aryan: Rohatgi
During the hearing, Aryan Khan's lawyer and former Attorney General Mukul Rohatgi said in the court that no reason has been given for Aryan Khan's custody. Along with this, drugs have not been recovered from Aryan, so his arrest is completely wrong. During the debate, Rohatgi had argued that Aryan is a young boy, so he should be sent to a correctional home instead of jail. Aryan, 23, was arrested by the NCB on October 3 after a raid on a cruise ship party. Against this decision of the court, NCB is now going to move to the High Court.
Malik had alleged forgery
Following this order, Nawab Malik, a minister in the Maharashtra government, had said that the Bombay High Court's detailed order on Aryan Khan's bail plea corroborated his claim that the drug case against Aryan Khan and others was fake. Simultaneously, Malik had also raised the demand for suspension of NCB regional director Sameer Wankhede after the court's findings.
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