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Updated on: Thursday, October 28, 2021, 05:08 PM IST

FPJ Legal: Bombay HC grants bail to Aryan Khan, 2 others; to remain in jail one more day as detailed order to be released tomorrow

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In a breather to Bollywood superstar Shahrukh Khan's son Aryan Khan, the Bombay High Court on Thursday granted him bail in the Cordelia Cruise drugs case. The HC also ordered to release on bail other accused - Arbaz Merchant and Munmun Dhamecha, who were also arrested on October 2 from city's port terminal.


However, the trio will have to remain in the jail at least till Friday evening as the detailed order would be made available tomorrow along with bail conditions.

A bench of Justice Nitin Sambre said, "allowed" while interrupting Aryan's lawyer Mukul Rohatgi, who was countering the submissions made by the NCB.


Rohatgi was replying to contentions of the NCB through additional solicitor general Anil Singh, who argued that Aryan was arrested for "conscious possession."


As per the NCB, Aryan and Arbaz were together apprehended while they were boarding the ship. "They both are childhood friends and have been travelling together. On asking, Arbaz confessed to have possessing 6 grams of Charas and Aryan also said that this was for smoking while on the ship. They had said that they were going to have a blast," ASG Singh had argued.
"Thus, Aryan was in conscious possession of the drugs and was accoridingly arrested, though he had not consumed or had no actual possession," the ASG said.


In his submissions, ASG Singh further claimed that Aryan was part of a bigger conspiracy and was connected with some drug peddlers. He cited WhatsApp chats to buttress his case.


"As far as conspiracy charge is concerned, this court shouldn't go by the fact that only six grams of Charas was found on Arbaz, which Aryan was also consciously possessing. But it should consider the cumulative quantity of drugs seized from all the accused in the case, which would be commercial quantity and thus no bail should be given," Singh argued.
Singh even relied upon the confessional statements of Aryan and Arbaz to make out a case against bail and said that under the NDPS law, "custody was the rule and bail was exception."


As far as Dhamecha is concerned, Singh said that she was having drugs with her but threw it aside after learning that NCB has raided the ship.
Countering the submissions, Rohatgi cited several judgments of the Supreme Court which has time and again held that confessional statements cannot be considered as evidence.


"As far as conspiracy is concerned, the agency has not shown any instance wherein my client Aryan had made calls or was in connection with any of the 20 other accused arrested in this case. There is no meeting of minds, which is essential for conspiracy," Rohatgi argued.


Rohatgi was reading some Supreme Court judgment and Justice Sambre interrupted him and said, "Okay Mr Rohatgi. I allow the bail."


"As far as the bail conditions and other details and also the reasoning, I will dictate the order tomorrow (Friday)," Justice Sambre said while adjourning the matter.

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Published on: Thursday, October 28, 2021, 05:08 PM IST
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