The bail application of Aryan Khan, son of actor Shah Rukh Khan and producer Gauri Khan, was rejected by a Mumbai court on Friday in the case related to the seizure of drugs on board a cruise ship.
The plea was rejected by the court that noted that it was not “maintainable”.
Here are some arguments made by Khan’s lawyer Satish Maneshinde and Additional Solicitor General (ASG) Anil Singh, appearing for the Narcotics Control Bureau (NCB):
ASG raises the issue of maintainability
The NCB was opposing the bail pleas and thus the ASG argued that the court should first decide the maintainability of the same. In their reply, the prosecution stated that the bail applications are “misconceived, ill-conceived and not maintainable”.
“I am raising the issue of maintainability and that has to be decided first and then the merits of the case,” ASG Singh told the court.
Maneshinde objected and said, “You can’t dictate to the court.”
At this, the magistrate said, “Argue on maintainability as well as the merit.”
Relying on Section 36A of the NDPS Act, the ASG’s contention was that the bail applications have to be filed before the special court assigned under the Narcotic Drugs and Psychotropic Substances (NDPS) Act to hear the offences.
Citing the case of TK Latika v. Seth Karsandas Jamnadas, ASG said, “If the court comes to the conclusion that the application is not maintainable, then there is no point in going into the merits of the case.”
“I am surprised that my senior is citing a civil judgement in a criminal case,” Advocate Sayed responded to the ASG’s citation.
Maneshinde presented the case of Sanjay Narhar Malshe v. State Of Maharashtra to argue that the court is governed by CrPC and while there are several offences that are triable by specials, bail can be granted by magistrate courts as well.
No evidence found: Khan’s lawyer argues
“There is no material (against me), even in messages,” Maneshinde argued for Khan.
“I am a 23-year-old with no prior antecedents. I happen to be from Bollywood. I went on an invitation, refused when asked if I have drugs…Data from my mobile has been retrieved and sent for forensics…I have been found with nothing, not an ounce but so much capital is being made out of it,” Maneshinde further argued for Khan.
I have parents and a family here. I have an Indian passport and I am not going to abscond. There is no question of tampering. I should be granted bail,” he further argued.
Influence can play a part in hampering the investigation, says ASG
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“Here is a case where there is an involvement of 17 persons. Their connections, involvement, etc, are there and the investigation is at a preliminary stage. There will be interfering with witnesses [in case bail is granted]. They are influential persons. There is a chance of tampering with evidence. Had it been one person found with a small quantity, it would be different. We have got a lot of material during the investigation. Protection like bail, at this stage, will hamper the investigation,” the ASG said.
To this, Maneshinde replied for Khan, “Even if they want to say I will tamper with evidence, they should come with a positive case of how I will do it. Just bald allegations! Just because I come from an affluent family doesn’t mean I’ll tamper with evidence. What influence have I used? I am suffering from the last six days”.
Court’s judgement
After hearing arguments, the court decided to not give interim bail to Khan and the two other accused.
“Heard, considered, decisions cited, applications are not maintainable hence rejected,” the court observed.