The Bombay High Court, on Thursday, granted bail to Aryan Khan, son of actor Shah Rukh Khan and producer Gauri Khan, in the cruise ship drug bust case, Live Law reported. Along with Khan, the Court also granted bail to two others in the case, namely Arbaaz Merchant and Munmun Dhamecha.
The three have been in Arthur Road jail since October 8 after being arrested by the Narcotics Control Bureau (NCB) during a cruise ship drug raid based on a tip-off on October 3.
Justice NW Sambre, on Thursday, said that detailed order with reasons is likely to be released tomorrow. All three could be released from jail by Friday or Saturday.
The NCB had 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. Khan was taken into NCB custody, along with a few others, including his friend Merchant and Dhamecha.
On Thursday, the Court heard arguments from ASG Anil Singh for the Narcotics Control Bureau.
The ASG argued during the hearing that bail not be granted to Khan as he was in “conscious possession” of drugs and was part of a larger conspiracy. During the hearing, the High Court asked the ASG what was the basis of the argument in saying Khan deals with “commercial quantities”. To this the lawyer had argued, “The WhatsApp chat will show he made an attempt to deal with commercial quantity, that’s all.
Former Attorney General Mukul Rohatgi, who was appearing for Khan, on Thursday said that there is “no material to allege conspiracy.”
“There were 1300 people on the ship. No material was produced by NCB to show that I knew anyone else apart from Arbaaz and Aachit. So basically what five other people are carrying is put on me,” Rohatgi said.
“There was no recovery from me. Though I say I was not aware of what he was carrying. But what is being put on me in commercial quantity through conspiracy,” he added.
On Tuesday, Rohatgi said “There is no consumption, no possession.. Why this boy has been sent to 20 days in jail.”
Rohatgi had argued that Khan was not in “conscious possession” of any drugs including the contraband recovered from Merchant’s shoe. Rohatgi told the court, “If I am driving the car and something is in the car, there could be conscious possession. My case is that there is no conscious possession at all. What somebody else had in their shoe is not my concern. That cannot be my “conscious possession”.”
He had also said that Khan is a “young man” who should be sent to rehab rather than jail.
Khan had moved the High Court after his bail plea was rejected by a Special NDPS court on October 20. He is currently lodged at the Arthur Road jail.