The court said the bail pleas are not maintainable, and only a special NDPS court can hear these applications.

Aryan Khan in NCB custody in drug seizure case
news Court Friday, October 08, 2021 - 17:33

A Mumbai court on Friday rejected the bail application of Shah Rukh Khan’s son Aryan Khan and three others, who were arrested by the Narcotics Control Bureau (NCB) on October 3 after it raided a ‘rave party’ on a Mumbai-Goa cruise. The Mumbai Magistrate Court said that the bail applications are ‘not maintainable’ and hence have been rejected. Aryan Khan and two others — Arbaaz Merchant and Munmun Dhamecha — will now have to move a special court that hears matters related to the Narcotics Drugs and Psychotropic Substances Act, 1985, for their bail. 

The NCB’s counsel argued before court that the bail plea is not maintainable as the magistrate’s court does not have the jurisdiction to pass orders in cases related to drug seizures. Chief Metropolitan Magistrate RM Nerlikar agreed, and said that only a special sessions court will have the jurisdiction to hear the bail application, and not a magistrate court. 

Aryan, Arbaaz and Munmun were arrested by the NCB on October 3 following a raid on the Goa-bound cruise ship off the Mumbai coast. They were first remanded to one-day NCB custody, which was later extended till October 7 by the court. The other five were arrested on October 4 and remanded in NCB custody till October 7.

The drug law enforcement agency had sought extension of their custody till October 11. The NCB told the court they have arrested one Acchit Kumar based on statements given by Aryan Khan and Merchant. The custody of Khan and others was required to confront them with Kumar for unearthing the "chain of conspiracy", it said. Kumar was arrested on Wednesday evening. He was produced before the court on Thursday and remanded in NCB custody till October 9.

In a related development, Sameer Wankhede, Zonal Director, NCB, requested the court to keep the accused at the probe agency's office in the city as the jail doesn't admit prisoners without COVID-19 test report. The court granted the request as no objection was raised by the defence.

Based on a tip-off that a party was scheduled on the ship, an NCB team, led by Wankhede, raided the Goa-bound 'Cordelia' cruise ship on Saturday evening and allegedly recovered drugs.

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