PIL Challenges 'Clean Chit' to Aryan Khan In Drugs Case, Bombay High Court Says 'Publicity Litigation'

Acting Chief Justice SV Gangapurwala called it a "publicity litigation" and asked the petitioner to explain how the issue concerned him and how was it in public interest. It warned that heavy costs would be imposed.

Subsequently, Advocate Subodh Pathak for the petitioner law student - Pritam Desai - withdrew the petition.

It was Desai's case Pathak that only the court could grant a clean chit. The SIT should have just placed the evidence on record and let the court decide, he said.

However, the bench was of the view that Khan was exonerated after a complete investigation. Moreover, as a law student Desai should pursue more important causes, he said. 

The Narcotic Control Bureau SIT, in its charge sheet earlier this year, gave a clean chit to Aryan Khan, Avin Sahu, Gopal Anand, Samir Sehgal, Bhaskar Arora and Manav Singhal in the case related to the drug bust.

Of the 20 accused, 14 continue to remain charged with offences under various sections of the NDPS Act, 1985.

Background

Khan was arrested last year on October 3, 2021, While nothing was recovered from him, his friend Arbaaz Merchant was allegedly found in possession of 6 gms of charas. Another 5gms of hashish was reportedly recovered from one Munmun Dhamecha.

They were booked under Sections 8(c), 20(b), 27, 28, 29 and 35 under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

In the order granting Khan and the other two bail on October 28, the High Court had said that prima facie there was no evidence on record to infer that Aryan Khan and his friend Arbaaz Merchant conspired to commit offences under the NDPS Act.

It may be noted, late Prabhakar Sail, a panch witness in the case, had made startling allegations about extortion and pay-offs involving KP Gosavi (a private person at the NCB raid whose picture with Aryan Khan went viral even before he was formally arrested), the investigating officer and then NCB Mumbai Zonal Director Sameer Wankhede and others, in a notarized affidavit.

As a result of these allegations, the case was transferred to a Special Investigation Team of the NCB in Delhi.

On May 27, in the press note giving a clean chit to Khan the SIT said, "SIT carried out its investigation in an objective manner. The touchstone of the principle of proof beyond reasonable doubt has been applied. Based on the investigation carried out by SIT, a complaint against 14 persons under various sections of NDPS Act is being filed. Complaint against rest 6 persons is not being filed due to lack of sufficient evidence."