Actor Shahrukh Khan's son Aryan Khan will get bail or he will have to stay in jail for 14 days, it can be decided today. The hearing has resumed in the fort court on the bail plea of Aryan, Arbaaz Merchant, and Munmun Dhamecha, who were accused of having a drug party on the cruise ship. Earlier the hearing started at around 12.45 pm, which lasted till 2.15 pm, then broke.
Meanwhile, NCB has sent all the 6 male accused including Aryan to Arthur Road Jail and both the female accused to Byculla Jail. Aryan has been kept in the Quarantine Cell. Although his RTPCR test has come negative, according to the new guidelines of the jail, there is a rule to keep it in a quarantine cell for 7 days. The court had sent all the accused to 14 days of judicial custody yesterday, but the hearing went on till late and there is no entry in the jail after 6 pm, so 8 accused including Aryan were kept in the lockup of NCB.
In this case, today both the parties are arguing by referring to different cases whether the hearing on the bail application should be held in this court or not. During this, Aryan's lawyer Satish Manshinde said that if there is a dispute, then the judge should have referred the matter to a higher bench, but unfortunately, it did not happen.
Manshinde has argued that in cases of small quantities of drugs, the High Court grants bail, then nothing has been found with my client. Also, said that why is the central government so hasty in this case? Responding to him, ASG Anil Singh said that you cannot say that.
ASG Anil Singh: We are raising issues based on maintainability. So answer them first.
Aryan's lawyer Satish Manshinde: All arguments will be given at one stage.
ASG: It can't happen.
Manshinde: You cannot order the court.
ASG: This is the first to be heard when it comes to maintainability.
Manshinde: We have presented arguments purely on remand, not maintainability.
Court from Manshinde: You give your arguments based on merit and maintainability, the first file whatever you have to say, we will decide.
ASG: Please don't say that, usually the one who raises the issue of maintainability first makes the argument first. Then the other side responds.
Court: The accused have applied with full details.
ASG: But it's not the process. Can't I speak of the correct procedure?
Court: Okay, we understand, you file your application.
Manshinde: Such things have not been seen in recent years. It is astonishing that the court, which did not get anything, rejected his bail and sent him to judicial custody.
ASG: If there are 10 accused in a case, there is only one FIR, then even if a small number of drugs were found with one accused and not found with others they cannot be segregated.
Manshinde: There is no restriction on my client under section 37 of NDPS. Millord If it's maintainable you can give bail. Please see the High Court Judgment of 2006. The stance of the High Court regarding bail in such cases has always been flexible.
One of the two is an interim bail application filed by Aryan's lawyer so that Aryan gets immediate bail and the other is for regular bail i.e. till the time the case is investigated, he stays on bail. On the other hand, NCB has already opposed the regular bail under the NDPC Act. Earlier, the court had ordered to send all the 8 accused, including Aryan, to judicial custody on Thursday after a hearing that lasted for 4 hours. Before the hearing of this case, the RT-PCR test of all the accused was done and the report of all has come negative.
So far 18 people have been arrested in the case
NCB has so far arrested 18 people in the Cruise Drugs Party case. It also includes a foreign national. Out of these 8 people are in judicial custody and the other 8 accused are in NCB custody till 11 October. Those who have been sent to jail by the court include Arbaaz Merchant, Vikrant Chhokar, Gomit Chopra, Ishmeet Singh Chaddha, Mohak Jaiswal, Munmun Dhamicha, and Nupur Satija besides his friends Arbaaz Merchant. In this case, the authorities have allegedly seized several drugs like cocaine, mephedrone, charas, hydroponic, and MDMA and Rs 1.33 lakh in cash.
After questioning the accused Mohk Jaiswal, the authorities raided Jogeshwari in Mumbai and arrested Abdul Qadir Sheikh with mephedrone on 3 October. NCB claims that after interrogating accused Ishmeet Singh Chaddha, they arrested Shreyas Surendra Nair, a resident of Goregaon, with charas on October 4.
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