WhatsApp Chats Reveal Aryan Khan's Involvement In Illegal Drug Activities : Mumbai Court

WhatsApp chats prima facie reveal that accused Aryan Khan is dealing in illicit drug activities for narcotic substances on regular basis, a special court has observed refusing bail to Aryan Shahrukh Khan in the Cruise Ship Drug Case.

A special NDPS Court of Judge V V Patil rejected Khan's bail plea along with bail applications of model Munmun Dhamecha and Arbaaz Merchant. A detailed order copy was made available in the evening.

WhatsApp Chats show Aryan was indulging in illicit Drug Activities

"As argued by the learned ASG, though no criminal antecedent are there, from WhatsApp chats of applicant no.1 (Aryan Khan), it is reflected that he was indulging in illicit drug activities."

"Moreover, WhatsApp chats prima facie reveals accused Aryan Khan is dealing in illicit drug activities for narcotic substances on regular basis. Therefore, it cannot be said that Khan is not likely to commit similar offence while on bail", the court held.

The court further observed that material placed on record reveals nexus of the accused no 1 (Aryan Khab) with suppliers and peddlers. Whatsapp Chats of Arbaaz Merchant are also annexed.

The court said that though nothing has been found from Khan, six grams of charas was found with Arbaaz Merchant, his friend, and circumstances go to show Khan knew about the contraband hidden in the shoe.

Conscious Possession of Contraband for Aryan Khan

The court said that since Khan allegedly knew about the charas in Merchant's shoe, it can be said that it was in conscious possession of both the accused.

Therefore, Khan's counsel's submission of no contraband being recovered from him should be discarded.

The court added that there was a mention of bulk quantity of drugs in the WhatsApp chats, prima facie material showing that Khan was in contact with persons dealing in prohibited narcotic substances as alleged by the prosecution.

Mobile Phone Not Seized Matter of Trial

Advocates for Arbaaz and Khan has vehemently submitted that WhatsApp Chats could not be read as there is no seizure panchnama taking possession of the phone.

However, the court said that documents show the that both the accused voluntarily surrendered their mobiles to the officers of NCB during interrogation. Hence, submissions made in this respect falls to the ground.

Liable for the Entire Quantity of Drug Seized

The court said that evidence on record shows the accused are part of a larger network.

It relied on the Bombay high Court's order in Showik Chakraborty's case that since accused are part of the conspiracy, each of them is liable for the entire quantity of drugs seized. And that the case of each accused cannot be segregated from each other and cannot be considered in isolation.

Section 29 (conspiracy) applicable

The court noted that Khan and 7 others came to be arrested on October 3. Some were found with certain amount of contraband. The NCB had received specific information that a rave party has been organized on the cruise and the accused are arriving with contraband and in pursuance of the information raid was effected.

"Further during the interrogation they disclosed names of persons who supplied contraband to them. Thus all these facts prima facie go to show that accused acted in conspiracy with each other."

Rigors for bail under section 37 will apply

"It transpires that all the accused are connected in the same thread. Aspect of proving the conspiracy which deals with depth is required to be considered at the time of trial. But prima facie it appears that there is case if conspiracy and abetment as alleged by prosecution. Hence section 29 is applicable. Therefore rigors of section 37 of the NDPS Act would apply. Therefore it is not possible to record a satisfaction at this case that applicants have not committed any offence under the NDPS Act"

Therefore the court observed that it cannot be said that there are reasonable grounds for believing that the three accused are not guilty of such office and they are not likely to commit such an offence while on bail.

Will hamper entire investigation

The court noted ASG's arguments that since all the accused are influential persons, they are likely to tamper with the evidence if released on bail.

Respondent(NCB) claimed that accused no1(Aryan Khan) is in touch with foreign nationals who appear to be part of international drug trafficking, and investigation in this regard is going on. And respondent is tracing out criminal antecedents of said person.

"If any of the accused is released on bail, it will hamper entire investigation."

Background

The NCB arrested them on October 3, following a raid at the international departure terminal of a Goa-bound cruise the previous day.

They are booked under sections 8(c) read with 20b (purchase), 27 (consumption), 28 (attempt to commit offence), 29 (abetment/ conspiracy) and 35 (presumption of culpable mental state) of the NDPS Act, after six and five grams of charas was allegedly seized from his friend Merchant and model Dhamecha respectively.

Khan has already approached the Bombay High Court. His counsels are likely to mention the bail applications tomorrow.

Click here to read/download the order