Bombay High Court Grants Bail To Bollywood Actor Armaan Kohli In Drug Case

The Bombay High Court on Tuesday granted bail to Bollywood actor Armaan Kohli in an illicit drug traffic case.

Justice Nitin W. Sambre directed that Kohli be released on a bond of Rs. 1 lakh with sureties.

Kohli was arrested by the Narcotics Control Bureau after 1.2 grams (small quantity) of contraband cocaine was allegedly recovered from his house. Seven persons in total have been arrested in this case.

He was charged under Section 8(c) read with sections 21, 22, 27a, 28, 29, 22b, and 35 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The bail application, filed through Advocate Taraq Sayed, contended that the 1.2 grams of cocaine alleged recovery is a consumable quantity for which maximum sentence of 1 year is awarded. The entire evidence at the most makes out a case of consumption under section 27 of the NDPS Act.

There is no evidence against Kohli for the offence under sections 27A (financing illicit traffic and harbouring offenders) and 29 (abetment and criminal conspiracy) of the NDPS Act, the application stated.

The application claimed that the NCB invoked section 27A without any evidence from the start of the case. Bank statements to back it up was found later during the investigation. This was a pre-meditated move to sustain the charge under section 27A.

The alleged bank transactions do not show a case of financing or harbouring under section 27A of the NDPS Act. The rest of the applicant is mala fide and completely based on assumptions and conjectures, according to Kohli's application.

The bail application further contended that the department has prejudiced the High Court by selectively invoking section 27A against Kohli. The bank statements of two of his co-accused show large cash deposits which is overwhelming evidence of financing yet the NCB has only invoked section 27A against Kohli on the basis of certain cash withdrawals.

"Mere withdrawal of cash does not even prima facie raise a presumption much less of evidence to make out a charge of financing as enumerated under section 27A of the NDPS Act, 1985", the application submitted.

The application stated that the WhatsApp chats and screenshot of mobile phone allegedly belonging to Kohli relied upon by the prosecution are insufficient to prove the charge against Kohli. Further, any electronic evidence should be produced only under a certificate of a laboratory under section 293 of the Cr.P.C. as it can be easily manipulated and faked.

The application claimed that the case of the prosecution is a feeble attempt to combine three different cases with the motive to cover all the accused for non-bailable offences as per section 37 of the NDPS Act.

No charge against Kohli for sale, purchase, transport, or possession of commercial quantity of contraband, financing and harbouring, or a conspiracy in respect of commercial quantity of contraband can be framed based on the evidence, the application submitted.

The Bombay High Court in December 2021 had rejected his bail application but granted bail to two other accused.