Mumbai: A Mumbai court on Friday rejected the bail plea of Aryan Khan, the son of Bollywood actor Shah Rukh Khan, and two others in connection with the Mumbai cruise ship drug case.
Aryan Khan, Munmun Dhamecha and Arbaaz Merchant were arrested by the NCB on October 3 following a raid on a Goa-bound ship, while the other five were arrested the next day.
While rejecting the bail plea, Additional Chief Metropolitan Magistrate R M Nerlikar, in his order, agreed with the submission made by prosecution that the present court has no jurisdiction to pass order on the plea as it is not maintainable before this court and session court is the competent court for the same.
Aryan and other were sent to judicial custody for 14 days by the court.
On Friday afternoon, they were taken to Arthur road jail after their Covid report was found negative.
During the hearing of the bail plea, Aryan Khan’s lawyer Satish Maneshinde argued that that the youths deserve the opportunity to get back their freedom, and youths do not foresee the link between actions today and their consequences tomorrow.
He has also read out other judgments in similar cases, including the Bollywood drug case that involved actor Rhea Chakraborty. Stating that law is evolving, Maneshinde said, "Judgments on how law dealt with those who had smaller quantities recovered from them, need to be seen."
He further said that Supreme Court says don't play around with the fundamental rights of citizens. They should not stand on technicalities. They should go by merit. There is no case on merit.
Opposing the plea, Additional Solicitor General Anil Singh said that there are 17 accused in the case. If anyone is left, they can tamper with the investigation. He has also raised Section 37 of the NDPS Act.
He further said that the Armaan Kohli case says that small quantity cannot be taken individually. Your own honour has said that the case is one, crime is one so the case of a small quantity of one individual cannot be separated.
Singh further said: "Everyone argued as if we are opposing their right to claim bail. I am opposing the right to claim bail in this court. I again submit that this application either is for regular bail or interim bail is not maintainable before this court."
He added, "The question of law is important before the state of law. The accused arrested are triable before the sessions court."
Replying to this, Satish Maneshinde said that trials have to happen in special court but that does not bar magistrate from granting bail.
He further said that I want to make it loud and clear to ask for bail as a matter of right. In spite of the fact that offences are non-bailable, my argument is on a day when your honour grants judicial custody, prosecution cannot say you are not the regular court for bail...Your honour has full judicial discretion to grant bail.
The court while rejecting the plea agreed with the submission made by prosecution that such application can only be consider by the special NDPS court or by Higher Courts. (UNI)
