A special NDPS court is hearing the bail pleas of Aryan Khan and others today (13 October). The Narcotics Control Bureau argued that the roles of all the accused, including Aryan, Arbaaz Merchantt, and Munmun Dhamecha can't be separated.
In his petition before the NDPS court, Aryan has pleaded innocence and false implication, as per a report by Live Law. He has reiterated that no contraband was found on him and, at most, the allegations against him would attract a one-year jail term.
Khan's plea states, "The prosecution is relying solely upon certain alleged WhatsApp chats to entangle him in the present proceedings, without the veracity or accuracy of the chats being established. In addition, there is nothing to suggest that these alleged chats have any connection whatsoever to the case that is presently being investigated".
Evidence of a Nexus: Narcotics Control Bureau Submit Bail Replies
In the bail reply, the NCB claims that their investigation revealed that Aryan Khan plays a role as far as ‘illicit procurement and distribution of contraband’ is concerned. The reply further alleged that Aryan used to procure contraband from Arbaaz Merchantt and sources connected to the latter.
The reply further states, “Aryan and Arbaaz have been associated in moving/close collaboration which is sufficient to make out offences, particularly section 29 (conspiracy),” adding that it “apparent” that accused Aachit Kumar and one Shivraj Harijan used to supply charas to them.
Aryan Khan's counsel has claimed that no drugs were found on Aryan Khan, but the NCB reply stated that the "quantum of recovery from an individual accused becomes inconsequential."
The NCB stated in the bail reply that ‘no accused can be considered in isolation’. The agency has maintained that they are investigating a larger network or ‘nexus’.
"Even though from some accused persons there is no recovery or recovery of small quantity of contraband, the participation by acts and omissions of such persons who have acted in concert, conspiracy in the commission of offences forms the basis of this investigation," the NCB stated.
The agency argued that there are “ingredients of a crime” present for accused Munmun Dhamecha. Munmun and Arbaaz Merchantt had sought the CCTV footage from the raid. The latter also alleged that the NCB had ‘planted’ the contraband they seized from him.
In the bail reply, the NCB stated that the relevance of the CCTV footage will be decided during the trial, and "such demand would cause great prejudice to ongoing investigation.”
Bail pleas of Aryan, Arbaaz Merchantt, Munmun Dhamecha and others accused in the Mumbai cruise drugs case were denied on 8 October by a Mumbai court since their applications were found non-maintainable.
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