Shah Rukh Khan's son Aryan Khan's bail order reserved till October 20 by Special NDPS court

“Arbaaz Merchant admitted that they are consuming charas with Aryan Khan. On asking Khan, he also said he consumes charas. The substances were sealed. Then, combined search was carried out. They found 6 gms of charas from Merchant.” He further argued, “The first fact which is relevant is on their own panchnama, there is no recovery of possession. There is no debate on this, it is admitted and undisputed. From Merchant, it is a small quantity...The starting point of information is use, sale and consumption, but there is recovery from three persons so far but no recovery from Aryan Khan. When it came to secret information, to establish the purpose of use, sale and consumption, there has to be possession, but there is no possession. The information was wrong.”

After that, NCB team began questioning on the terminal, and during this time, they came across two persons who looked like the persons they were looking for. They questioned Vikrant and Ishmeet. They found some substance with them. Just for the record, this item was MD, and that is 5 gms. Thereafter another ziplock was found on Vikrant Choker, with cocaine. Then another substance claimed to be charas was recovered from Choker. On Ishmeet Singh, they found 15 pink coloured tablets - Ecstasy. Then they conducted another raid and there was money allegedly for sale and purchase.

Advocate Amit Desai, who is representing Aryan Khan, has argued in court that the star son was invited on the party on cruise ship by Prateek Gabba, person who may not be an organizer. He also stated Prateek Gabba was not arrested. He went on to argue that Aryan went on the cruise with his friend Arbaaz Merchant. He alleged that information was that a group in Cordelia cruise was carrying out a party with substances for use, sale and consumption.

In reply to Aryan Khan plea NCB states that there is sufficient material in form of whatsapp chats, pictures etc to show that he was an active part of illicit drug chain with other co-accused persons hence abetment and conspiracy sections would apply as also the rigour under section 37 against grant of bail.

Replying to Aryan Khan’s bail plea, the NCB states that all ingredients of crime that is preparation, intention, attempt and commission are present for the applicant. NCB states that the allegation of false implication is untrue and misleading. Further there is sufficient material in the form of whatsapp chats, pictures, etc. To show that the applicant was an active part of the illicit drug chain with other co-accused. A bare perusal of the panchnama clearly reveals that Khan and Merchant were apprehended at the international cruise green gate Mumbai. The investigation becomes imperative as to how the accused were to enter the cruise without a Classic MV Empress Card. Mere speculation that maximum punishment against this applicant is one year is purely based on surmises and conjectures when NCB has sufficient material to show ingredients of conspiracy. Considering the influential person, that Aryan Khan holds in the society, he may tamper with evidence and influence other witnesses whom he personally knows is very much possible. Also the possibility of the applicant fleeing justice cannot be ruled out. Section 37 remains applicable as sections 28 and 29 are invoked.

There is material on record, so far, to show that Aryan Khan was in touch with some persons abroad who appear to be a part of an International Drug Network for illicit procurement of drugs. The investigation in this regard is in progress.The investigations have so far revealed that the supplier to Accused No. 1, i.e. Accused No. 17 has been arrested with 2.6 grams of Ganja. The investigations have so far revealed that supplier of contraband to Accused No. 2 has also been intercepted and arrested Shivraj Harijan i.e. Accused No. 19 with 62 grams of Charas.

NCB has stated that material collated during investigation has primarily revealed the accused No. 1 (Aryan Khan) has role in so far as illicit procurement and distribution of contraband is concerned. It is prima facie revealed that Accused No. I used to procure contraband from Accused No. 2 (Arbaaz Merchant) and the sources connected to Accused No. 2, from whose conscious possession (shoes) 6 grams of Charas was recovered. Accused Nos. 1 and 2 have been associated in moving/close collaboration with each other, which is sufficient to attract offences, more particularly S. 29 (conspiracy) under the NDPS Act.