News Analysis India

Tag: Aryan Khan drugs case

  • After HC’s detailed order in Aryan Khan case comes out, Nawab Malik seeks action against Sameer Wankhede

    By PTI

    MUMBAI: Maharashtra minister Nawab Malik on Saturday said the detailed order of the Bombay High Court on Aryan Khan’s bail application corroborated his claim that the drugs case against Khan and others was bogus.

    Narcotics Control Bureau (NCB) zonal director Sameer Wankhede should be suspended following the court’s findings, he said.

    Malik has been targeting Wankhede ever since the NCB official led a raid on a cruise ship off the Mumbai coast on October 2 during which drugs were allegedly seized and Aryan Khan, Bollywood actor Shah Rukh Khan’s son, was arrested.

    ALSO READ | No positive evidence to show Aryan Khan, 2 others conspired to commit drug-related offences: Bombay HC

    While Aryan got bail on October 28, the detailed order became available on Saturday.

    Malik said in a statement that the order puts a question mark on the NCB’s arrest of Aryan Khan.

    He also reiterated his allegation that Aryan was kidnapped for the purpose of extortion.

    Wankhede had moved the high court when actor Rhea Chakraborty was granted bail by the lower court in an alleged drugs case last year, and the NCB officer would move the Supreme Court in Aryan’s case now, the minister alleged .

    “Such wastage of public funds should stop,” he said.

    When contacted, Sameer Wankhede said he can not comment on the high court’s order as the matter was sub-judice (before a court).

    The officer also said he did not want to give importance to Malik’s allegations.

    As per the detailed order of Justice N W Sambre on bail pleas of Aryan Khan, his friend Arbaaz Merchant and fashion model Munmun Dhamecha, WhatsApp chats extracted from Aryan’s phone showed that nothing objectionable was noticed to suggest that he and others had hatched any conspiracy.

    “There is hardly any positive evidence on record to convince this court that all the accused persons with common intention agreed to commit unlawful acts,” the court said.

  • Nawab Malik seeks action against NCB’s Sameer Wankhede after HC verdict on Aryan Khan case

    By Express News Service

    MUMBAI: After the release of Bombay High Court’s detailed bail order in the Aryan Khan drug case, NCP minister Nawab Malik on Saturday demanded immediate suspension of former NCB zonal director Sameer Wankhede for “framing” Khan and other accused.

    ​ALSO READ | No positive evidence to show Aryan Khan, 2 others conspired to commit drug-related offences: Bombay HC

    Malik said that since day one he has been telling that the case is nothing but well-orchestrated plan to frame Aryan Khan and others by Sameer Wankhede and his “private army”. Malik said the court’s detailed bail order proved it was a “kidnapping and ransom” incident.

    “It was a pre-planned plot but one selfie by KP Gosavi spoiled their plan of extortion. The fraudulent plan of Sameer Wankhede and his people has been exposed in broad daylight now,” Malik added. Malik said that despite this “crystal clear” court order, if BJP leaders are trying to protect Wankhede, it will prove the  BJP is behind him in framing innocent people in drug cases.

  • Cruise case: No drugs were found in Aryan Khan’s possession, claims Sam D’Souza, cites NCB witness Gosavi 

    By PTI

    MUMBAI:  Sam D’Souza, whose name had cropped up in connection with the pay-off allegations surrounding the drugs-on-cruise case, on Monday claimed that he was told by NCB witness K P Gosavi that no drugs were found in possession of Aryan Khan, son of Bollywood superstar Shah Rukh Khan, during the raid last month.

    He also claimed that NCB officials were not corrupt as Gosavi and Prabhakar Sail, an independent witness, were calling each other over the phone by saving NCB Mumbai chief Sameer Wankhade’s name in their mobile phones to pretend as if he was in touch with them.

    Last month, Sail had claimed that he had overheard Gosavi discussing a Rs 25 crore deal with one Sam D’Souza over the phone in connection with the drugs case of which Rs 8 crore is meant for NCB Mumbai zonal director Sameer Wankhede.

    “In the wee hours of October 3, I came to know that the celebrity who was caught on the ship was Aryan Khan. That time Aryan told Gosavi that he wanted to talk to his manager Pooja Dadlani. Gosavi conveyed Aryan’s message. That time Gosavi told me that Aryan Khan was clean and no drugs were found in his possession. He said we can help him (Aryan Khan),” D’Souza claimed.

    D’Souza said he, Gosavi, Pooja Dadlani, her husband, and one Chikki Pandey then met at Lower Parel.

    D’Souza further said he later came to know through one Sunil Patil from Dhule that a “token amount” of Rs 50 lakh is being paid. 

  • Aryan Khan to spend another night in jail, HC to resume bail plea hearing on Wednesday

    By Online Desk

    The Bombay High Court Tuesday adjourned the bail plea of Aryan Khan, arrested in the cruise drug seizure case, to Wednesday.

    The court will resume hearing Aryan’s bail plea at 2.30 pm on Wednesday. This means that actor Shah Rukh Khan’s son will have to spend another night at the Arthur Road Jail in Mumbai, where he has been lodged for a little over two weeks.

    A special court in Mumbai last Wednesday refused to grant bail to Aryan Khan and two others in connection with the seizure of drugs. Following this, Aryan moved a bail application in the High Court against the NDPS court order on his bail rejection.

    Earlier, former Attorney General of India, Mukul Rohatgi, who appeared for Aryan Khan, argued that the Starkid was just a guest and not a customer on the Goa-bound cruise from where the NCB nabbed him following a raid.

    Rohatgi, who was pleading before Justice Nitin Sambre of the Bombay High Court, said neither there was any recovery of drugs from Aryan Khan, nor any medical test conducted or consumption of drugs found. So there was no need to arrest him. “No recovery, no consumption, I submit I am wrongly arrested,” Rohatgi said while arguing for Aryan.

    Also, there was no material to show that Aryan financed illicit trafficking of drugs, the former AG added. “Penalty is for consumption or carrying it. I don’t have it, possession of somebody else can’t be my possession. Unless it is in my knowledge.”

    Young Aryan should be sent for rehabilitation and not jail, Rohatgi further pleaded while citing the Centre’s plans to bring in reform measures.

    “He is a young boy with no (criminal) antecedents. The law provides that if someone is found consuming drugs, one has to be taken to rehab. The approach is not to keep people in jails. The social justice ministry is talking about reforms,” the former AG argued.

    The NCB, in its affidavit, said attempts are being made to tamper with the ongoing investigation with a malafide intention to derail the probe into the case. “This is evident from the contents of a purported affidavit of one Prabhakar Sail,” the agency said, referring to the allegations of extortion attempt made by Sail, an independent witness in the case.

    The affidavit also referred to Pooja Dadlani and said: “this lady appears to have influenced panch witnesses when the investigation is ongoing”. The NCB said the bail plea was “misconceived and ill-conceived”.

    It said the probe into the case so far has revealed Aryan Khan’s role in illicit procurement, transportation, and consumption of drugs. The agency said prima facie investigation has revealed that Aryan Khan used to procure drugs from his friend Arbaaz Merchant, also an accused in the case.

    “The applicant (Aryan Khan) was in touch with some persons abroad who appear to be part of an international drug network for illicit procurement of drugs,” it said. The affidavit further said even though there has been no recovery from Aryan Khan, he has “participated in the conspiracy”. “Prima facie investigation has revealed that this application is not just a mere consumer of drugs as sought to be made out by him,” it said.

    The applicant has not made out any case for enlargement of bail, prima facie, and/or otherwise, the NCB said. “The role of this applicant (Aryan Khan) in the commission of grave and serious offences under the NDPS Act including illicit drug trafficking is apparent considering the nexus and connection of this applicant with the other accused in the case,” the affidavit said.

    It added that there has been the recovery of an intermediate quantity of drugs from the other accused in the case and hence, the case of Aryan Khan cannot be looked at in isolation.

    “The ingredients of conspiracy are clear and evident,” the affidavit said, adding that in such cases the quantum of recovery of drugs from an individual accused becomes inconsequential. The NCB also said it is still probing the case and a charge sheet needs to be filed. It said the agency requires sufficient time to properly investigate the international linkages so as to approach the foreign agency concerned through proper channel, which would entail some more time.

    Meanwhile, Aryan Khan’s advocates submitted to the HC an additional note stating that he has nothing to do with the allegations and counter-allegations that are being circulated between the NCB’s zonal director Wankhede and certain political personalities. “The applicant (Aryan Khan) does not make any allegations against any individual in the prosecution department,” the note said.

    It further said Aryan Khan has no connection with Prabhakar Sail, an independent witness in the case, who has made allegations of extortion attempts against Wankhede and others.

  • Cruise drugs case: Shah Rukh Khan meets son in Mumbai jail

    By PTI

    MUMBAI: Bollywood superstar Shah Rukh Khan on Thursday met his son Aryan Khan at the Arthur Road jail in Mumbai where the latter has been lodged following arrest in a case of seizure of drugs on board a cruise ship off the city coast, an official said.

    The actor reached the prison located in Mumbai Central around 9 am and left at 9. 35 am, the official said.

    He met his son for about 10 minutes, according to sources.

    A large number of mediapersons and local residents had gathered outside the prison when the actor arrived.

    Heavy police security was also deployed outside the jail premises.

    So far, family members of the prisoners were not being allowed to visit the jail in view of the COVID-19 pandemic.

    The prison authorities started allowing the family members of prisoners to visit them from Thursday morning, the official said.

    Aryan Khan (23) was arrested with a few others on October 3 after the Narcotics Control Bureau (NCB) raided a cruise ship off the Mumbai coast and claimed to have seized drugs, including charas.

    A special court here on Wednesday denied bail to Aryan Khan, observing that ‘on the face of it’, he was indulging in “illicit drug activities on a regular basis”.

    His WhatsApp chats also showed, prima facie, that he was in touch with drug peddlers, the court noted.

    Aryan Khan has now moved the Bombay High Court to challenge the lower court’s order.

  • ‘He knew what was in friend’s shoe’: Why court denied bail to Aryan Khan in drugs case

    Express News Service

    The special NDPS court on Wednesday denied bail to Shahrukh Khan’s son Aryan Khan and the other two accused in the cruise ship drugs case saying Khan was aware that his friend Arbaaz Merchant was carrying drugs in his shoe. 

    However, after the denial by the special court, Khan immediately approached the Bombay High Court for bail. 

    The Narcotics Control Bureau (NCB) mainly relied on Khan’s WhatsApp chats, the raid seizure panchnama and two disclosure statements under section 67 of the NDPS Act.

    “Moreover, WhatsApp chats prima facie reveal Aryan Khan was dealing in illicit drug activities for narcotic substances on a regular basis. Therefore it cannot be said that Khan is not likely to commit a similar offence while on bail,” said the special court judge VV Patil while refusing to give bail to Khan, Merchant and Munmun Dhamecha.

    The court further observed that material placed on record reveals the nexus of the accused Khan with suppliers and peddlers. Khan knew contraband was concealed in Merchant’s shoe. The court said that though nothing has been found from Khan, six grams of charas was found with Merchant, his friend, and circumstances go to show Khan knew about the contraband hidden in the shoe.

    “Admittedly, accused Aryan Khan and Arbaz Merchant are friends for long. They travelled together and they were apprehended together at the international cruise terminal. Further, in their voluntary statements, both of them disclosed that they possessed the said substance for their consumption and for enjoyment. Thus, all these things go to show that Aryan Khan was having knowledge of contraband concealed by Merchant in his shoes.”

    ALSO READ: Drugs case: Aryan Khan speaks to parents via video call from jail; gets Rs 4,500 via money-order

    The court said that since Khan allegedly knew about the charas in Merchant’s shoe, it can be said that it was in conscious possession of both the accused. Therefore, Khan’s counsel’s submission of no contraband being recovered from him should be discarded.

    The court added that there was a mention of a bulk quantity of drugs in the WhatsApp chats and there was prima facie material showing that Khan was in contact with persons dealing in prohibited narcotic substances as alleged by the prosecution.

    The court said that evidence on record shows the accused are part of a larger network. Relying on the Bombay High Court order in the Showik Chakraborty case, it said that since the accused are part of the conspiracy, each of them is liable for the entire quantity of drugs seized and that the case of each accused cannot be segregated from each other and cannot be considered in isolation.

    Further during the interrogation, they disclosed the names of those who supplied contraband to them. Thus all these facts prima facie go to show that the accused acted in conspiracy with each other, said the court.

    The court noted the argument that since all the accused are influential persons, they are likely to tamper with the evidence if released on bail. Khan has exclusive details of other foreign nationals and drug dealers who were in contact with him and he has not yet disclosed the names of these persons. If he is released on bail, then the entire investigation will be hampered, it said.

    The NCB arrested them on October 3 following a raid at the international departure terminal of a Goa-bound cruise ship the previous day. They are booked under sections 8(c) read with 20b (purchase), 27 (consumption), 28 (attempt to commit offence), 29 (abetment/ conspiracy) and 35 (presumption of culpable mental state) of the NDPS Act after six and five grams of charas were allegedly seized from his friend Merchant and model Dhamecha respectively.