MUMBAI:Bollywood superstar Shah Rukh Khan's son Aryan Khan's lawyer has made a ruckus before a special court under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in Mumbai for bail.During the hearing in the Mumbai cruise drugs case, he presented about 10 arguments in favor of granting bail.After these arguments, the special court has directed the Narcotics Control Bureau (NCB) to file its reply by Wednesday.
According to media reports, the next hearing on the bail plea of Aryan Khan, son of Bollywood superstar Shah Rukh Khan, can be held on Wednesday, October 13, 2021 at 2.45 pm.Till then Aryan Khan will have to stay in jail.He was arrested by the Narcotics Department on 3 October in the Mumbai cruise drugs case.
Argument No. 1
During the hearing in the special court of NDPS, Aryan Khan's plea for bail states that he is innocent and has not committed any crime.It has been said in the petition that Aryan Khan has been falsely implicated in this case.
Along with this, in the petition filed by Aryan Khan's lawyer, it has been said that it is an accepted position that drugs have not been recovered from Aryan Khan.Also, NCB does not have any objectionable material against Khan.It has been said in the bail plea that after seeing the Panchnama dated October 1, 2021, it becomes clear that nothing has been recovered from them.
The bail plea states that there is nothing on record to suggest that Aryan Khan is in any way producing, manufacturing, possessing, selling, buying, transporting, importing, exporting or using any narcotic or illegal linked to smuggling.No drug trafficking-related criminals were also given shelter.
The bail plea regarding the alleged WhatsApp chat between Aryan Khan and alleged drug smugglers has said that none of the matters in the chats have any connection with the case which is being investigated.
Further, the petition states that since no narcotic substance was seized from Aryan Khan and without taking the allegations to be true, Section 37(1) of the NDPS Act, 1985 does not apply.Section 37 deals with serious offenses, which are cognizable and non-bailable.
Violations involving 'small quantities' shall be punishable with rigorous imprisonment for a term that may extend to one year.A fine of up to Rs 10,000 can also be imposed in this case.Thus, the said section read with the provisions of Schedule-II of the Code of Criminal Procedure, 1973 would make the present offense, if any, bailable in nature, the petition said.
It has been said in the bail petition that the applicant should be granted bail immediately.Even if the court comes to the conclusion that the offense under the NDPS Act is non-bailable, there is no evidence to charge the applicant for any offense under the said Act.This is a case without any evidence.
The petition states that the allegations fall within the purview of 'consumption of narcotics'.which is punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
The bail plea states that no recovery has been made against Aryan Khan from other accused persons in the case nor can the full recovery be used in the present case.
The petition states that Aryan Khan is of young age and does not have any criminal history of any kind, including any history of having previously been involved in the consumption or use of drugs or psychotropic substances.
Given that Aryan Khan has a strong position in society and is a permanent resident of Mumbai with his family.The bail plea states that there is no possibility of him absconding or running away from the law.The bail plea states that there is nothing on record to show that Aryan Khan would abuse his liberty while on bail.
Aryan Khan's bail plea also states that he is the son of a prominent Bollywood film actor Shah Rukh Khan, who has a bachelor's degree in acting from the University of Southern California, USA.The petition states that he is a responsible citizen of India and has maintained his reputation till date.