Cruise drug case: Court extends NCB custody of Aryan Khan, 2 others till 7 October – Times of India

Mumbai: Narcotics Control Bureau (NCB) in his remand petition for further custody NS Aryan Khan And two others said on Monday that “as far as accused No. 1 (Aryan Khan) is concerned, shockingly objectionable material has been found from his mobile phone which has been confiscated.” It says, “There are links pointing to an international in the form of photos, chats, etc.” Medicine smuggling.”

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Khan’s lawyer Satish Maneshinde denied that the chat had revealed any evidence against the actor’s 23-year-old son. Shahrukh Khan Those from whom no drugs were recovered at all, said that no case was made out with the NCB for further police custody.

The Esplanade court, after nearly three hours of hearing, extended the NCB custody remand of the trio till October 7. In a separate order, it also granted the NCB the custody of five other accused, who were arrested on Sunday but produced in the same case on Monday. Bureau raids on Mumbai-Goa cruise ship led by its officer Sameer Wankhede.

Maneshinde said, “Khan has cooperated. There is no criminal history. He has shown his good conduct, did not run away. Whatever chat they used to do when Khan was abroad, it does not show any connection to any international drug chain.

The NCB sought the custody of the trio till October 11 and said that the mobile phone probe has “several suspicious characters, who are yet to be identified by accused Aryan Khan.”

Additional Solicitor General Anil Singh, appearing for NCB along with advocates Aditya Thakkar, Shriram Shirsat and Advait Sethna, read out parts of the application, which said, “Prima facie investigation reveals that WhatsApp chats etc. The objectionable material is clearly visible in the nexus of these respondents with the suppliers and drug peddlers on regular basis.

An inquiry was sought to confirm the petition. “Based on the intelligence inputs from the accused, the NCB launched another search operation, in view of which it is necessary for a thorough investigation that these persons have a face-to-face encounter.” There is a need to verify and confirm the particulars made by these respondents in their voluntary statements. In view of all this ongoing investigation, the link is to be verified and confirmed,” said the application which was heard by Additional Chief Metropolitan Magistrate RM Nerlikar.

Singh cited the Bombay High Court’s 2020 judgment in Riya Chakraborty’s bail order to hold that the HC has held that all offenses under the Narcotic Drugs and Psychotropic Substances Act (NDPS) are non-bailable, even if against the defendants. Can say crime. The accused are bailable.

Maneshinde, arguing to some extent, in turn cited several judgments and orders, arguing that the court is not without powers to grant bail once it is shown that the investigating agency has no ground to base its case on. Content is not.

In this matter, Maneshinde said, “Whatever chats they had, NCB had two days to investigate. Have they (NCB) got anything? They have got nothing against Khan. It is not a matter of further custody.

ASG for NCB, Singh also said that the NDPS Act aims to prevent drug use and abuse and to stop suppliers and smuggling. He said chats showing links to an international drug chain may need to be probed and the NCB can take the help of other agencies to probe the same. He also said that after the fresh raids, a fresh arrest of a supplier has taken place. “In the raid we found narcotics in commercial quantities.”

Singh said, “Nowadays it has become common to see people and college students taking drugs. The youth consider these high profile people as their role models. Until we investigate the person doing drugs, we will stop the racket. How can one trace the source of drugs, suppliers and financiers to break it?

“Ultimately we have to break the whole gang.”

Arbaaz Merchant, 26, Khan’s friend, co-accused from NCB said that he recovered 6 grams of charas, his lawyer Tarak Syed said, “In most of the cases the NCB comes up with small quantity cases, for which further custodial Interrogation is not required. And says they are going to expose a conspiracy. Sayeed said that there is no NCB. “Is there any connection between the NCB accused and the alleged recovery from the suppliers?” He also said that his client has cooperated and further custody is not required, as pointed out by Ali Kashif, counsel for the third accused, Munmun Dhamecha, 39. Kashif said, “He has no relation with Khan and Merchant. He was called as a guest on the cruise. Even his room was booked by another person and during the screening No objectionable substance was found in his possession.” The NCB said that 5 grams of hashish was allegedly found on the floor and not in his personal possession. Said she was barely in the room for a few minutes when the raid took place and the two others who were present have not been named as accused. In any case the quantity is small and custody is not required.

In their fresh remand for the five accused, lawyer Kushal Mor, along with Marmik Shah for Gomit Chopra, said there was no warrant for his custody, as did one of the co-accused and another defense lawyer Sartaj Shaikh. Peacock said that why his client was not produced on Sunday itself? Advocates said the arrest was illegal as he was illegally detained since Saturday.

NCB’s counsel Sethna said that his arrest has been shown in the remand petition on Sunday evening. The court said whether the arrest is illegal and that he has been kept in custody for more than 24 hours is a matter of dispute, but his presence along with the other accused is necessary for investigation.

In its order, the Additional CMM noted that the NCB’s case against the trio was “one of prohibition of consumption, sale and purchase” and that they were arrested in connection with the seizure of “13 gm of cocaine, 5 gm of MD, 21 gm of cocaine”. Gram of Charas and 22 tablets of MDMA and 1.33 lakh cash.

The magistrate recorded in its order, the NCB seeks to confront the accused along with others, “the shocking condemnation from Khan and the objectionable material from his phone showing photographs pointing to international supplies should be examined.” It was also noted that Maneshinde stated that all that was recovered was from the ship and nothing from Khan.

Maneshinde and Syed argued that the roles do not disclose the commission of any offense by their clients, Khan and Merchant.

“Investigation is required,” the court said in its order that was of prime importance as the NCB had submitted that the co-accused were found to be in possession of some intermediate (between small and commercial) quantities and that these accused were with them. Were. Cruz) “Prosecution requires investigation and also to prove the innocence of the accused.”

The court concluded, “the presence of the accused is required for detailed investigation” and extended the remand till October 7.

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