Aryan Khan to spend a weekend in Arthur Road Jail! Mumbai court denies bail to him, two others

Mumbai, October 09: Giving the major blow to Shah Rukh Khan, the Killa magistrate court on Friday rejected the interim bail plea filed by Aryan Khan and others in relation to the NCB drug raids case.

Soon after the court's judgment, Aryan and other accused were taken to the Arthur Road Jail lock-up. Aryan Khan and five others will be kept in barrack number 1, which is a special quarantine barrack. This barrack is on the first floor of the jail.

 

 

After hearing the arguments of both sides, Additional chief metropolitan magistrate RM Nerlikar accepted the objections raised by NCB and rejected the bail plea saying, “Applications rejected. Not maintainable."

 

Additional Solicitor General Anil Singh who appeared for the NCB opposed the bail applications of the three accused on grounds including that he is an influential person and may tamper with evidence. He added that the magistrate’s court does not have the power to decide on the bail pleas since the case is exclusively triable before the special NDPS court. He also pointed out that the bail pleas were not maintainable before this court.

 

“The bail pleas are not maintainable before this court and the court first needs to decide on maintainability of the pleas and then only they can arguments be advanced on merits,” Singh asserted as the hearing started on the bail applications.

 

 

Singh said in court that, as per Section 36 of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, offenses under the Act can be tried by a special sessions court, adding that Bombay high court has already said that NDPS Act crimes are non-bailable, and therefore the accused will have to move to a special NDPS court for bail. “I am not opposing their right to claim bail, I am challenging bail being filed in this court as it does not have the jurisdiction to hear the pleas,” he argued. On Thursday, the court sent all accused to judicial custody for 14 days.

 

The defense lawyers, however, said that since the court had the powers to hear their remand, it could also decide their bail pleas. While Singh insisted that the court first decides on the maintainability of the applications before hearing on merits, the court went on to hear the arguments on both merits and maintainability by all three accused and the NCB.

As per the reports, their lawyers will now have to move a special court designated under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. Aryan Khan will file a bail application on Monday as the regular court will not be working on a second Saturday.

 

NCB detained Aryan Khan along with seven others on Saturday night and arrested him on Sunday afternoon during the raid on the cruise ship on which he was present. The agency recovered 13 grams of cocaine, 5 grams of mephedrone, 22 pills of MDMA (Ecstasy) -- all categorized as “intermediate quantities”, and 21 grams of charas, which fall under “small quantity”, and cash of ₹1.33 lakh during the raid.

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