Aryan Khan was arrested for his alleged involvement in a drug case. (Express file photo by Ganesh Shirsekar)Mumbai News Highlights and Updates: Aryan Khan, arrested in cruise drug bust case, was shifted to general barracks after his quarantine ended on Thursday. He will continue to stay in jail as a special court, earlier in the day, reserved its order on his bail plea and is likely to pronounce it next week.
During the hearing, the Narcotics Control Bureau (NCB) stated that Khan was a regular consumer of contraband for last few years. Citing government’s national policy on Narcotics Drugs, Khan’s counsel Advocate Amit Desai argued that he, as the end consumer, was a person affected by the drug abuse. “You’re a person on the bottom of the chain, you’re a consumer. You’re a person affected by the drug menace as per the government’s own national policy on Narcotic Drug,” he defended Khan.
Meanwhile, Mumbai reported 481 new Covid-19 infection cases and three deaths on Wednesday, taking the caseload to 7,49,074 and toll to 16,167. This is for the fourth day in a row the metropolis has recorded less than 500 daily cases. 31,638 tests were conducted in the last 24-hours, taking the total test count to 1,08,20,708. Over 461 patients recovered from the infection taking the number of active cases to 5,114.
In other news, After opposition from environmentalists, who are against the widening of the main road in Aarey Milk Colony, the Brihanmumbai Municipal Corporation (BMC) on Wednesday stated that there is no proposal to widen the stretch.
Mumbai: Health workers inoculate beneficiaries with the dose of the COVID-19 vaccine at a free vaccination camp at Kajupada, in Mumbai, Wednesday, Oct. 13, 2021. (PTI Photo)
Aryan Khan, arrested in cruise drug bust case, was shifted to general barracks after his quarantine ended on Thursday. He will continue to stay in jail as a special court on Thursday reserved its order on the bail pleas filed by Aryan Khan in ship drug bust case. The court is likely to pronounce the order next week.
In the court on Thursday, there were arguments and counter arguments over Aryan Khan's bail plea in cruise drug bust case. While Additional Solicitor General Anil Singh, representing NCB, opposed the bail plea filed by Aryan Khan stating that he was a regular consumer of contraband for the last few years, Khan's counsel senior advocate Amit Desai however said that the coiurt must bear in mund that by no stretch of the imagination is this boy involved in international drug trafficking.
Here's what all were said in the court during Aryan Khan's bail hearing today.
Bollywood actor Shah Rukh Khan’s son Aryan Khan will remain in jail after a special court in Mumbai on Thursday reserved its order on his bail plea. Aryan Khan was arrested in connection with the seizure of banned drugs, on board a cruise ship off the Mumbai coast. The court is likely to pronounce the order on the bail pleas on October 20.
During the hearing, the Narcotics Control Bureau (NCB) stated that Khan was a regular consumer of contraband for last few years. Citing government’s national policy on narcotics drugs, Khan’s counsel Advocate Amit Desai argued that he, as an end consumer, was a person affected by the drug abuse.
Stating that the international convention has taken a decision that all the countries should take drug trafficking and drugs abuse seriously because it is affecting society, the nation and the world, NCB’s counsel Additional Solicitor General (ASG) Anil Singh said he doesn’t agree with the argument that involvement of kids can be a reason for consideration for granting bail. “Drugs are also affecting youngsters, college students. Argument was advanced that these are young boys, they are kids. And that may be one of the considerations for granting bail. I don’t agree with this. You are our future generation. The entire country will be dependant on this generation. This is not what our freedom fighters had in mind,” he said in court. Read full story here
ASG Anil Singh, appearing for NCB, says, "He (Desai) said he did not know what was the evidence but he spoke about today's youth and their language. The chats in question were given to court, it would be very clear to anyone reading it, it is in simple terms, not technical."
Amit Desai also said that there are no chats or any communication on the alleged rave party on which the NCB claimed it had received information. "WhatsApp chats are supposed to be private conversations. But I am told there are no messages or conversations on the mobile about the rave party."
Advocate Desai says, "The youth of today speak in a language is what older generation would call 'torture to the English language'. How they joke with each other, how their relationships are with each other is very different. The language is beyond me. The chats, is it youthful banter, is it a joke, the context is important. The court needs to bear in mind that by no stretch of imagination is this boy involved in international drug trafficking."
Amit Desai says that Showik's case has to be distinguished from an end consumer's case because Showik didn't consume but dealt in drugs. He was referring to Showik Chakraborty, brother of Rhea Chakraborty, who landed into a drugs case during investigation into the death of actor Sushant Singh Rajput last year.
"You're a person on the bottom of the chain, (if) you're a consumer. You're a person affected by the drug menace as per the government's own national policy on Narcotic Drugs," says Amit Desai. "Instead of trying to reform you, I'll pick you up and keep you in jail for I don't know how long. Because you, as a consumer, are alleged to be in conspiracy with a co-accused from whom commercial quantity has been seized," Amit Desai adds.
"Nothing has been suggested on how investigation will be affected if he's granted bail," Amit Desai says.
Desai adds that a Bombay High Court in a previous order has not agreed with the contention that celebrities are to be treated harshly, stating that they are equal before law.
Referring to the National Policy on Narcotic Drugs and Pyschotropic Substances, Desai, appearing for Aryan Khan, submits that the government's policy itself speaks of being sensitive to students of schools and colleges and a different approach for peddlers.
"Everything that is being done must be done as per law. We must recognise one very fundamental issue. That our society has realised that there are types of drugs and there are types of drug menace. And we must recognise that with evolution of times, societies and government have recognised which part of it is to be attacked and which has to be looked at socially," says Aryan's counsel Amit Desai.
Amit Desai adds, "Kudos to NCB in Bombay and the country for whatever they are doing. Hope that they do their job with constitutional principles. That is also something we fought for in our freedom struggle. We are here to support what our officers our doing with risk to their lives. Equally important that we must remember that our freedom fighters also fought for Constitution and fundamental rights."
Senior counsel Amit Desai, representing Aryan Khan, says, "I don't think there can be any doubt, debate or dispute on the importance of the statute with the societal development of any nation. No doubt that the entire world is fighting drug menace. We got our freedom, we must protect our freedom... we are concerned that the future generations of this country and world that they take precautions about their health."
Special Judge VV Patil asks if NCB is putting on record Whatsapp chats referred to by the agency, says he wants to go through it.
"The issue of drug abuse must be taken seriously. We are looking into the chain, transaction, connection and ultimately since I've said investigation is at preliminary stage, will ultimately have to find out how they are all connected with each other. Therefore, it is a case of conspiracy. This is not a stage of bail. It may be considered at a later stage," says NCB.
"Drugs are also affecting youngsters, college students. Argument was advanced that these are young boys, they are kids. And that may be one of the consideration for granting bail. I don't agree with this. You are our future generation. The entire country will be dependent on this generation. This is not what our freedom fighters had in mind," says NCB.
"In a recent case, our officers were attacked, beaten. 4-5 officers were in hospital. These are the challenges the officers face," says NCB
ASG adds, "The international convention takes a decision that all the countries should take this drug trafficking and drugs abuse seriously because it is affecting society, the nation and the world. Time to time stringent provisions and amendments are made, no doubt our learned friends were kind to appreciate the work of NCB in Bombay but allegations were also made. Must point out that our department NCB has been working day and night to find solution of drugs trafficking and drug abuse. They are dealing with it in serious stringent manner."
"My submission is when we are considering a case under the NDPS Act, the court has to consider the stringent provisions, scheme and object of the Act," says ASG Anil Singh, appearing from NCB. --Live Law
ASG read from a Bharat Thakkar vs State of Maharashtra where the court had said: "Results of drug abuse are shattering... Where an accused facing a drug charge is at par with another accused of a grave offence. And bail should be granted only as special case and the rarest of rare." --Live Law
ASG reiterates: "Recovery is not material." He cites another judgement where the accused is in prison for three years under NDPS, despite no recovery.
ASG now cites the judgement of State of Kerala vs Rajesh on bail. "Bail can be granted in case there are reasonable grounds for believing that accused is not guilty of such offence, and that he is not likely to commit any offence while on bail." --Live Law
ASG, appearing for NCB, cites another judgement on applicability of section 37 and seriousness of the crime under the NDPS Act. That as per 37's mandate, while granting bail the court must see if the accused is likely to commit a similar offence or not.
ASG says that since this is the stage of bail, the statements given by Aryan and other accused can be considered by the court.
ASG Anil Singh cites judgment stating 'retraction of voluntary statements by accused is a matter of trial'. Aryan and others had submitted retraction of their statements recorded by the NCB.
Counsels for NCB, Aryan Khan and other accused have arrived in court.
The court breaks for lunch and the hearing is expected to resume post-lunch at 2.45 pm.
Referring to the Bombay High Court judgement on Showik Chakraborty from last year, ASG Singh told the court that all offences under the NDPS Act were non-bailable.
'Accused innocent until proved guilty' is not the case under NDPS Act as the presumption is that in case of the agency is that drugs were found on an accused, possession has to be considered as prima facie correct. It is at the trial stage that the accused has to prove that he was not in possession of the illicit article: ASG Anil Singh for NCB
"The present applicant (Aryan) is not a first-time consumer. The record and evidence placed before the court show that he is a regular consumer of contraband for the last few years. Contraband found in possession of Arbaaz Merchant, who accompanied applicant. It is clearly recorded in the statement and panchnama, that this contraband (6 grams of charas) was for the consumption of both. This record in the panchnama signed by the applicant clearly establishes that he was in conscious possession of contraband because he has admitted that the contraband was with his friend for both of them. The contention that nothing was found with the applicant may not be correct," ASG Anil Singh appearing for NCB told the court.
An online fraudster, who came in contact with a Pune-based woman through a dating application, cheated her of Rs 73. 5 lakhs. The victim has lodged an FIR in this case at the Wakad police station. As per a press release issued today, in June this year, the complainant came in contact with the fraudster, who identified himself as a foreigner “Siddharth Ravi”, on a well-known dating application.
He further developed contact with the woman through Whatsapp. Assuring her of marriage, the fraudster told the woman that he has decided to settle down in India. Later, he told her that he had reached India, but was nabbed by the customs department for carrying huge cash amounting to Rs 1 crore.
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NCP leader Nawab Malik on Thursday alleged that his son-in-law Sameer Khan and two others had been “framed” by the Narcotics Control Bureau (NCB) in connection with a narcotics case in January this year. This came a day after a detailed bail order passed by the Special NDPS court while granting Khan and two others bail last month was made available on Wednesday. In the order, the court has observed that no case for illicit drug trafficking and conspiracy was made out.
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The special court on Thursday rejected an intervention application filed by a man claiming to be a social worker who sought to assist the prosecution in arguing the bail application of Aryan Khan. The 72-year old represented by an advocate argued that as the matter concerns drug menace in society, he should be allowed to intervene in the bail hearing of Khan.
Aryan Khan’s lawyer Anandini Fernandes opposed the plea stating that it is a publicity stunt as while the court hears multiple drug cases daily, the person has only intervened in this bail hearing. She also said that the Additional Solicitor General is arguing on behalf of the Narcotics Control Bureau (NCB), so it cannot be said that the prosecution is not “adequately represented”.
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A special court will continue to hear the arguments on the bail pleas filed by Aryan Khan, son of Bollywood superstar Shah Rukh Khan, who was arrested in connection with the seizure of banned drugs on board a cruise ship off the Mumbai coast.
On Wednesday, 10 days since Aryan was arrested along with his friend Arbaaz Merchant and model Munmum Dhamecha, the Narcotics Control Bureau (NCB) opposed the bail plea filed by Aryan, saying the probe so far has revealed his role in the conspiracy and illicit procurement and consumption of drugs.
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A point-to-point air-conditioned BEST bus service, launched recently in Mumbai by Maharashtra minister Aaditya Thackeray, has run into a controversy over the issue of its fares, which some passengers and activists have claimed to be “exorbitant”.
While officials of the Maharashtra Motor Vehicles Department told PTI that the bus service fares have not been approved by the regulator- Mumbai Metropolitan Region Transport Authority (MMRTA), the BEST administration claimed its policy-making body has given it nod to the fares.
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Actors Nora Fatehi and Jacqueline Fernandez have been summoned by the Enforcement Directorate (ED) in connection with a money laundering case. While Nora will appear before the agency today, Fernandez is expected to join the probe tomorrow. Earlier in August, Fernandez was questioned by the ED in connection with the money laundering probe being conducted against alleged conman Sukesh Chandrasekhar who is an accused in an alleged multi-crore extortion racket.
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Bombay High Court judge Justice Girish S Kulkarni on Wednesday said “it would be imperative for educational institutions to create students with strong moral values so as to prepare them to face tougher journeys and challenges in life,” while dismissing a plea by petitioners running a school in Pune district, who challenged a liquor license issued to a restaurant in the vicinity.
The court noted that the petitioners’ institution should not have formed an opinion that education imparted by the school was “so fragile that the students would get easily influenced by a restaurant serving liquor in vicinity”.
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The Bombay High Court Thursday rejected the bail plea filed by HDIL promoter Rakesh Wadhawan, seeking his release on health grounds considering his advanced age and ailments. Wadhawan was arrested on charges of money laundering in the multi-crore Punjab and Maharashtra Co-operative (PMC) Bank Ltd fraud case.
A 25-year-old man has been arrested for killing his father because the latter, under the influence of alcohol, was assaulting his mother in a slum in Dahisar (east) on Tuesday. The crime took place at 7 pm in Siddhivinayak Nagar, Kokanipada. Sandip Bansode, 25, a driver, killed his father Annarao Bansode, 60, a labourer. The victim’s another son, Amol Bansode, 28, a courier delivery boy, told police that his father Annarao was addicted to alcohol and often abused and assaulted his mother, Jaymala.
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An email containing malware was sent to thousands of people in Maharashtra — including police and government officials — from the purported ID of a senior inspector on Monday morning. The email is suspected to have originated at Rawalpindi in Pakistan, Maharashtra cyber cell officers said on Wednesday.
Yashasvi Yadav, Special IG (Maharashtra Cyber), said, “The intention is suspected to be an attempt to induct malacious programme for data theft or ransomware.' The email ID appeared to belong to Rajesh Nagawade, senior inspector of east region cyber police station. Nagawade didn’t respond to phone calls.
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Retired ACP Pradeep Sharma has filed for bail in the Ambani terror scare case stating that there is no material for terror charges against him. Sharma, who was arrested by the NIA in June, is lodged in Taloja central jail.
The plea states that the NIA’s allegations against Sharma in the chargesheet are limited to him being involved in the conspiracy of the murder of Thane-resident Mansukh Hiran. It says that the NIA has no material to show that he was involved in procuring or planting explosives in an SUV near the residence of industrialist Mukesh Ambani in February.
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The Bombay High Court on Wednesday adjourned till October 20 the hearing on Maharashtra government’s writ plea against summons issued by CBI to state Chief Secretary Sitaram Kunte and Director General of Police Sanjay Pandey, asking them to appear before it in connection with an FIR registered by the agency against NCP leader and former state home minister Anil Deshmukh. The plea sought the constitution of a special investigation team (SIT) to probe the case as well as stay the proceedings arising out of the CBI probe.
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The Anti Corruption Bureau Wednesday laid a trap and arrested a 43-year-old constable posted at MIDC police station while accepting a bribe of Rs 1,500. He is the third person from Mumbai Police who has been caught red-handed while accepting a bribe in the past 20 days.
On September 24, an assistant police inspector, Nagesh Puranik, working with property cell unit, was caught red-handed while accepting a bribe of Rs 2 lakh. Last Friday, the ACB officials laid a trap and caught an assistant commissioner of police, Sujata Patil, for allegedly demanding and accepting a bribe of Rs 40,000 from a private person.
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Calling the Narcotics Control Bureau’s (NCB) allegations of “illicit drug trafficking” against Aryan Khan, son of Bollywood actor Shah Rukh Khan, as “inherently absurd”, his lawyer – while arguing for bail on Wednesday – said a reformative approach is needed, as Aryan has suffered enough. The special court will continue to hear arguments on the bail pleas of Aryan and two others on Thursday.
Meetings of various committees of the Brihanmumbai Municipal Corporation (BMC) will continue to be held online. A letter from Urban Development Department (UDD) sent to municipal commissioner Iqbal Singh Chahal has clarified that even though the proposal of conducting physical meetings of the BMC and other corporations is under consideration, no decision in the regard has been taken so far.
UDD’s letter came in response to last week’s order by the Bombay High Court in which BMC was directed to decide on a physical meeting, instead of online, of the Standing Committee. Bharatiya Janata Party (BJP) corporator Vinod Mishra had filed a petition in the high court seeking directions on conducting physical meetings of the committees.
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After opposition from environmentalists, who are against the widening of the main road in Aarey Milk Colony, the Brihanmumbai Municipal Corporation (BMC) on Wednesday stated that there is no proposal to widen the stretch. The statement released by the civic body said, “The scope of work includes improvement of the existing road for the available width in cement concrete. There is no proposal of widening the existing asphalt road.”
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Mumbai reported 481 new Covid-19 infection cases and three deaths on Wednesday, taking the caseload to 7,49,074 and toll to 16,167. This is for the fourth day in a row the metropolis has recorded less than 500 daily cases. 31,638 tests were conducted in the last 24-hours, taking the total test count to 1,08,20,708. Over 461 patients recovered from the infection taking the number of active cases to 5,114.
Pune police have issued a lookout circular against K P Gosavi, one of the independent witnesses of the Narcotics Control Bureau (NCB) in the cruise ship drugs seizure case, in connection with a 2018 cheating case registered in Pune, a top official said on Wednesday. A lookout circular is a notice that prevents a person from leaving the country.
"We have issued a lookout circular notice against K P Gosavi, who has been absconding in a 2018 cheating case registered against him with the Faraskhana police station," Pune Police Commissioner Amitabh Gupta said.
Gosavi is one of the nine independent witnesses in the cruise ship raid and alleged recovery of drugs, in which Bollywood actor Shah Rukh Khan's son Aryan Khan was arrested earlier this month.
According to police, Gosavi was booked for allegedly duping a Pune-based man on the pretext of offering a job in Malaysia. Chinmay Deshmukh, who was allegedly cheated to the tune of Rs 3.09 lakh by Gosavi, had registered the complaint against him. (PTI)
Opposition leader Devendra Fadnavis said Wednesday that central investigating agencies were being “ill treated” by MAharashtra state government. “The central agencies are investigating cases based on evidences. The ill-treatment by state government towards central agencies is questionable,” he added.
Refuting NCP chief Sharad Pawar’s charge that the Union government was misusing central agencies against political rivals, Fadnavis said, “Former home minister Anil Deshmukh was subjected to CBI and ED investigation after court orders.” Instead of questioning the central agencies, Pawar should be worried as they have exposed “unethical deals worth Rs 1,000 crore” through raids, he said. Read more
Mumbai city reported the highest number of new Covid cases in the state with 477 new infections on Wednesday. It also recorded, three deaths, PTI reported.
Overall, a total of 2,219 cases were added during the day in Maharashtra. The death toll went up by 49. Out of the eight regions of Maharashtra, Mumbai region reported the highest 915 new Covid-19 cases, followed by 672 from Pune region.
Post unlocking of theatres a Marathi drama -- ‘Eka Lagnachi Pudhchi Goshta’-- starring Marathi actor Prashant Damle will be staged at Rangsharda, Bandra West on October 22 at 5 pm.
Backing theatre artists who had been hit hard by the Covid-19 lockdown, BJP (MLA) Ashish Shelar who had participated in the their protest, and as a mark of victory has decided to stage the first Marathi play in a ceremonious manner.
People will be allowed free entry for the screening whilst abiding government regulation of maintaining 50 per cent capacity. Everybody will receive a rose and will be welcomed on the red carpet. Some renowned Marathi actors will also be present.
Individuals like Prashant Damle, Ashok Hande and certain institutions have extended helping hands for all the behind-the-scene artists, technicians during this over a year-and-a-half long lockdown. Some of these will be felicitated as a mark of respect for their deeds during this occasion.
Jails across Mumbai Metropolitan Region would now have to look for alternate arrangements to quarantine new inmates as authorities have asked them to surrender the municipal schools which were being utilised for the purpose since the Covid-19 pandemic began last year.
With schools reopening, Mumbai City collector Rajiv Nivatkar has asked officials at the Arthur Road Jail and Byculla Jail to surrender the school at Byculla S Bridge and Patanwala School back to the civic body. Similarly, Thane collector Rajesh Narvekar has told the Kalyan Jail authorities to surrender the premises of Don Bosco School.
Authorities were using these premises to quarantine new inmates for seven days before moving them to the jails. Read more.
Former BJP MP Kirit Somaiya on Wednesday claimed the searches conducted by Income Tax officials on premises linked to family members of Maharashtra Deputy Chief Minister Ajit Pawar are the "biggest" such raids in India. "The raids are going on for the last 7 days. According to me, the searches have reached more than 24 promotors, directors, owners, firms, projects. (IT sleuths) are getting something from the lockers concealed in the walls, from server rooms, basements, and parking lots," he claimed while addressing a press conference in Pune.
Somaiya alleged links between Ajit Pawar and a sugar mill in the Satara district. "I wanted to ask Ajiit Pawar who are the owners and the main shareholders in that sugar factory," he said. (PTI)
An official statement said the Maharashtra Cabinet, at its meeting in Mumbai, decided to support the policy of reservation in promotions for state employees from reserved categories and will put forth the government's stand accordingly before the Supreme Court, where the matter is pending. An additional affidavit will be submitted by the state government in the Supreme Court which will underscore the state's stand on the reservation in promotions issue, said an official.
The cabinet took into account a report prepared by chief secretary Sitaram Kunte, which stated that there is not enough representation of SCs, STs and other reserved category communities in senior positions in the state cadre. (PTI)
Mumbai Police Commissioner Hemant Nagrale Wednesday ordered an inquiry into allegations made by NCB zonal director Sameer Wankhede that two officials from the Oshiwara police station had been following him. The inquiry will be conducted by a senior IPS officer and the report submitted to the Commissioner in the coming days.
IRS officer Wankhede has been leading the probe into the alleged drug bust case on ship Cordelia, in which 20 persons, including Aryan Khan, son of actor Shah Rukh Khan, were arrested. Read more
Senior counsel Amit Desai, appearing for Aryan Khan, termed the NCB's contention that he is involved in conspiracy and illegal procurement of drugs as "inherently absurd".
He argued that when there was no recovery of drugs from him, then he should not be penalised at the stage of granting bail. Desai told the court that the accused in the present case are young adults and not drug peddlers, traffickers or racketeers.
"In many countries, these substances (drugs) are legal. Let us not penalise them at this stage when bail is sought. Let us not make it worse for them (accused). They have suffered enough and they have learnt their lesson, if at all," he said.
The hearing will resume on Thursday. (PTI)
Maharashtra crossed 9 crore mark for Covid vaccination doses administered at 5:30 pm on Wednesday.
Maharashtra has fully vaccinated 2.76 crore population, highest for any state in the country, Dr Pradeep Vyas additional chief secretary (health) Maharashtra told The Indian Express.