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7 Accused, Including Aryan Khan's Alleged 'Supplier', Get Bail In Drugs-On-Cruise Case
Sharmeen Hakim
30 Oct 2021 2:37 PM IST
A Special NDPS Court on Saturday granted bail to seven accused, including four organisers arrested under the stringent section 27 A of the NDPS Act attracting 10-20 years imprisonment, in the cruise liner drug case. Special Judge VV Patil granted bail to guests on the cruise- Nupur Satija and Gomit Chopra, allegedly arrested with intermediate quantities of drugs, directors of the...
A Special NDPS Court on Saturday granted bail to seven accused, including four organisers arrested under the stringent section 27 A of the NDPS Act attracting 10-20 years imprisonment, in the cruise liner drug case.
Special Judge VV Patil granted bail to guests on the cruise- Nupur Satija and Gomit Chopra, allegedly arrested with intermediate quantities of drugs, directors of the event management company - Gopalji Anand and Samir Sehgal, Aryan Khan's supplier - Aachit Kumar, and two others.
Of the 20 people arrested by the Narcotic Control Bureau, 12 people have been granted bail, including Aryan Khan. Coincidentally, the special court's order came moments after Khan's release from Arthur Road Central Prison.
Khan had approached the Bombay High Court for bail after the special court refused him relief. No contraband was recovered from him.
Organisers
The four organisers were arrested on October 6 and booked under sections 25 (Allowing premises, etc., to be used for commission of an offence), 27A (financing illicit traffic and harbouring offenders), 28 and 29 (abetment and conspiracy) of the NDPS Act.
Advocate Sajal Yadav assisted by advocate Harsh Ghargurde argued that section 27A (financing illicit traffic and harbouring offenders) of the NDPS Act was not applicable against his clients. Yadav claimed that the section dealt with harbouring "offenders" not "people."
Moreover, the judgement in Rhea Chakraborty vs State of Maharashtra holds that an offender is a person who apprehends arrest, and NCB's case was silent on who was the offender here, he argued.
Yadav also submitted that his client was not controlling the ship and was merely responsible for the entertainment event. Cordelia issued the passes for the cruise, he said.
Guests
Guests on the cruise Nupur Satija and make-up artist Gomit Chopra were arrested on, October 3, the same day as Khan, and booked under sections Sections 8(c), 22b(intermediate amount of drug), 27(consumption), 28 and 29(abetment of criminal conspiracy).
The NCB allegedly seized four ecstasy pills wrapped inside sanitary napkins were from Satija, and four pills of ecstasy and three grams of cocaine were recovered from Chopra.
Advocates Ayaz Khan's and Sartaj Sheikh's primary contention was that the seizure was vitiated as a panchwitness and not a designated female officer searched Satija. This violated section 50 of the NDPS Act, they argued.
Advocate Kushal Mor assisted by Marmik Shah for Chopra argued that he had no link with suppliers; hence there was no question of conspiracy, and at the highest, he was only a consumer.
Mor urged the court to use the reformative approach as Gomit, a Delhi resident, struggled to make a living. He further argued that commercial quantities of contraband were not recovered from him so the rigours of section 37 were not applicable.
Mor also alleged non-compliance of section 50 of the NDPS Act as he was not given a copy of the panchnama. "They kept on saying conspiracy but never said conspiracy to commit which crime," he argued.
Special Public Prosecutors Adavit Sethna and Am Chimalker opposed the applications on behalf of NCB. They argued that the accused were inextricably connected to each other.