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The Bombay High Court on Thursday granted bail to Aryan Khan, the son of Bollywood actor Shah Rukh Khan, three weeks after he was arrested in connection with a drug bust case onboard a cruise ship off the Mumbai coast on October 3. The co-accused in the case– Arbaaz Merchant and Munmun Dhamecha– were also granted bail by a single-judge bench of Justice N W Sambre. “All three pleas are allowed. I will pass detailed orders by tomorrow evening,” Justice Sambre said. The accused, however, will not be released from jail tonight.
Here’s how the case unfolded
October 3, 2021: Eight persons, including Aryan Khan, were arrested by the Narcotics Control Bureau (NCB) in connection with an alleged drug bust onboard a cruise ship off the Mumbai Coast. Three of the arrested, including Khan and two others identified as Arbaaz Merchant and Munmun Dhamecha, were produced before a local court. They were sent in NCB custody till the next day i.e, October 4, 2021. The three were charged under sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act relating to charges of possession, consumption and sale of illegal substances.
October 7, 2021: Mumbai magistrate’s court rejected the NCB plea seeking further custody of the three and five others picked up from the cruise. The court sent all eight in judicial custody. The six male accused, including Aryan Khan, were taken to Arthur Road jail, while the two women accused were taken to Byculla women’s jail.
October 8, 2021: The metropolitan magistrate’s court rejected the bail applications filed by Aryan Khan, his friend Arbaaz Merchant and anchor-model Munmun Dhamecha, stating they were not maintainable before it.
Oct 11, 2021: Lawyers of the accused moved a Mumbai special court designated under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Special Court decided to hear the case on October 14. The defence lawyers opposed the one-week time sought by the NCB.
Oct 14, 2021: Mumbai special court reserved its order in the bail plea of Aryan Khan for October 20, Wednesday. He was sent back to Arthur Road jail. NCB, during the hearing, stated that Khan had been a regular consumer of contraband for the past few years.
Oct 20, 2021: Aryan Khan’s bail plea, along Arbaaz Merchant and Munmun Dhamecha, was rejected by a Mumbai special court, In the order, the court said that Aryan Khan’s case amounts to conscious possession of the contraband as he was aware that his friend was carrying it. The court also relied on WhatsApp chats submitted to it. Khan then moved the Bombay High Court which decided to hear the matter on October 26.
Oct 26, 2021: Bombay HC started hearing Aryan Khan’s bail plea. Senior Advocate and former Attorney General for India Mukul Rohatgi, appearing for Aryan, argued that no drugs had been recovered from him, and no medical test had shown he consumed drugs. The NCB, on the other hand, opposed the bail plea, alleging that the 23-year-old was not just a consumer of drugs, but also involved in illicit drug trafficking. The court adjourned the hearing for October 27.
Oct 27, 2021: The Bombay HC continued hearing Aryan Khan’s bail petition. Continuing his arguments for Arbaaz Merchant’s bail plea, advocate Amit Desai, also representing the accused in the case, stated, “They (the accused) were charged only with possession of small quantities and consumption.” Desai also said that the arrest is illegal.
Oct 28, 2021: After hearing the NCB’s reply to the arguments put forth by Aryan Khan’s counsel, the Bombay HC granted bail to Aryan and two other accused Arbaaz Merchant and Munmun Dhamecha. Opposing Aryan’s bail plea during the HC hearing, NCB counsel ASG Anil Singh had said applicant Aryan Khan has been a regular consumer of drugs for the last two years and was found in ‘conscious possession’ of contraband. Hence, his arrest is not “illegal” as claimed by Aryan’s counsel. Mukul Rohatgi, however, argued that NCB failed to prove meeting of minds among the eight people who were arrested from the cruise. “There is absolutelay no material for the purpose of conspiracy,” he said.
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