FPJ Legal: Bail plea of Aryan Khan, others in Mumbai drug bust case not maintainable before Magistrate court

Narsi BenwalUpdated: Saturday, October 09, 2021, 09:04 PM IST
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Aryan Khan (C), son of Bollywood actor Shah Rukh Khan, is escorted to court by Narcotics Control Bureau (NCB) officials for a bail plea hearing in Mumbai on October 8, 2021, after his arrest in connection with a drug case. | (Photo by Punit PARANJPE / AFP)

MUMBAI: The order copy of the Magistrate court rejecting the bail application of Aryan Khan, son of Bollywood superstar Shah Rukh Khan and other accused, was released on Saturday. The court in its order has noted that all the offences under the NDPS law invoked against the trio were triable by a special court.

The 15-page order by Judge R M Nerilkar states that the offences are exclusively triable by a special court and thus, he being a Magistrate court, cannot exercise jurisdiction to hear the bail applications.

"If considered Section 36A of the NDPS act and the fact that the present accused (Khan) along with other accused (Munmun Dhamecha and Arbaz Merchant) were arrested in one crime under the various provisions of the NDPS Act for which prescribed punishment for more than three years," the judge has said in his orders.

"All the alleged offences are exclusively triable by the Special Court. Therefore, this court ceases its jurisdiction to entertain the application for bail. The applications are thus not maintainable before this court," the order reads.

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