NEW DELHI, Oct 14: Aryan Khan, the 23 year old son of the Bollywood star Shah Rukh Khan, arrested in the drugs on the cruise case, will have to be in the Arthur Road jail at least for a week more as the special court in Mumbai reserved its order on his bail plea till October 20 after the Narcotics Control Bureau claimed that the young boy was a habitual user of drugs.
After hearing the bail plea for the last two days, the special NCB court on Thursday reserved the order till Wednesday, sending him back to jail. The decision meant that Aryan Khan, who has spent 12 days in jail since his arrest, has been left with no legal options till the order is announced.
The NCB told the Mumbai sessions court that Aryan Khan was a “regular consumer of drugs.” Additional Solicitor General Anil Singh, representing the central agency, referred to on-record statements to claim to the court that “he (Aryan Khan) used to consume it for the last few years.”
Arguing against giving Aryan Khan bail, Singh also added some elements of drama with his emotional appeal, “this is the land of Mahatma Gandhi and Gautama Buddha. This (drug) abuse is affecting young boys.”
He was trying to dismantle the arguments of Aryan Khan’s lawyer Amit Desai who told the court that the NCB was heavily relying on WhatsApp chats can often appear suspicious given the kind of language young people use today. “Please bear in mind one other reality. Today’s generation have a means of communication, which is English… not the Queen’s English.. it’s sometimes what the older generation will call a torture. The way they communicate is very different,” he said.
“Conversions on chats can often be misunderstood. WhatsApp chats are supposed to be private conversations. But I am told there are no messages or conversations on the mobile about the rave party,” Desai said.
“There is always a possibility that casual conversations between friends on WhatsApp may appear suspicious,” he added. Desai acknowledged the dangers of drugs, particularly on younger people, but stressed “whatever action is taken, it should be within the ambit of the law.”
“… very important to remember we fought for freedom, we fought for the Constitution, to maintain freedom of people and their rights. We can’t ignore rights and can’t take action without law,” he said. Desai said under the NDPS there were provisions for both “severe punishment for illegal trafficking” and “reformative approach for those people who are addicted”.
“I am not saying my client is (an) addict… I am just reading that document. I am not saying anything personally but I am talking about the Supreme Court, the legislature and the government, and they have accepted that provision of punishment will be decided on basis of quantity,” he said.
The defence’s case is that Aryan Khan did not have drugs on him when he was arrested. Desai also reminded the court (this was in response to ASG Anil Singh calling for strict action against celebrities and influencers) that the Bombay High Court had said “… everyone is equal before the law (and) each case has to be decided in its own merit, despite the status of the accused.”
Earlier in the day ASG Anil Singh said: “Aryan Khan is not taking drugs only once… the statement that has been received shows he used to consume it for the last few years. Drugs have been found from Arbaaz Merchant (Aryan’s friend, from whom six grams of charas were seized) … Aryan was with him.”
“When the IO (investigating officer) asked if he had drugs, Arbaaz said he had drugs in his shoes… Arbaaz admitted that both (he and Aryan Khan) were going to consume it on the cruise.”
The ASG also told the court statements to a NCB officer under NDPS Act – referring to Aryan Khan’s statements, which the defence has claimed was forced – is “admissible until proven wrong.” In response to no drugs being found on Aryan Khan, he said: “If drugs were not found from you but, in the same case, if drugs in commercial quantity is found from others, action can be taken on that basis.”
“My submission is that bail cannot be granted in this case,” ASG Anil Singh had said.
(Manas Dasgupta)
