Khan moved the High Court after his bail plea was rejected by a Special NDPS court on Wednesday.
Satish Maneshinde, Khan’s counsel, argued before the High Court that an early date should be granted for the hearing as “there is no possession, no evidence at all” in the case to implicate his client.
He informed the bench that a copy of the bail plea has been served to the NCB electronically. “I will give a physical copy as well,” Maneshinde further said.
The court then agreed to hear the bail pleas of Khan and another accused, fashion designer Munmun Dhamecha, on Tuesday.
23-year-old Khan was arrested on October 3 by the NCB during a cruise ship drug raid based on a tip-off. The agency allegedly seized 13 gm of cocaine, 21 gm of charas or hashish, 22 pills of MDMA (ecstasy), 5 gm mephedrone, and cash worth Rs 1.33 lakh, and Khan was taken into NCB custody, along with a few others, including his friend Arbaaz Merchant and Dhamecha.
The accused are booked under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, specifically section 8(c) read with sections 20b (purchase), 27 (consumption), 28 (attempt to commit offence), 29 (abetment/ conspiracy) and 35 (presumption of culpable mental state).
According to the Live Law report, the special judge who denied Khan’s bail on Wednesday had observed that WhatsApp chats submitted as evidence revealed that Khan was dealing in “illicit drug activities for narcotic substances on regular basis.” The Special NDPS court further observed that material placed on record reveals a “nexus” of Khan with suppliers and peddlers.
Khan’s bail was earlier also rejected by a Mumbai court on October 8. During the hearing, the NCB had argued that there was evidence against Khan in the form of “incriminating” WhatsApp chats that indicated consumption of drugs as well as the purchase of larger quantities.
Khan, along with Merchant, is currently being held at the Arthur Road jail.