Hi friends today I am here to introduce you to the famous case which name is Aryan Khan. You all must have known about this case. But today Aryan Khan got bail from Bombay High Court, Let us discuss the bail of Aryan Khan, and let us discuss this case in detail.
What Has Happened in the Aryan Khan Case?
The Bombay High Court has granted bail to Aryan Khan in connection with the alleged cruise ship drug case. Justice NW Sambre also allowed bail to his friends and co-accused in the matter, Arbaaz Merchant Dhamecha. Though bail has been allowed, the three accused will be released tomorrow after the specification of the bail conditions in the detailed order.
What has happened in Aryan Khan Case? with the date
October 2:- NCB conducted the raid on the Goa-bound Cordelia Cruise and detained around 14 persons.
October 3:- Eight of those 14, including Shah Rukh Khan’s son Aryan Khan, were arrested. They were remanded to NCB custody till October 4.
October 4:- Their NCB custody was extended till October 7.
October 7:- NCB was denied further custody and Aryan Khan and others were sent to judicial custody for 14 days. Meanwhile, NCB conducted more raids and many others were arrested.
October 8:- The metropolitan magistrate’s Court rejected Aryan Khan’s bail applications.
October 11:- The lawyers of the other accused moved a Mumbai Special Court designated under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
October 13:- Aryan Khan’s bail application gets adjourned till October 14.
October 14:- The case was posted till October 20.
October 20:- Special NDPS Cort rejected the bail plea.
October 21:- Shah Rukh Khan met Aryan Khan in jail. The Court extended Ayan Khan’s custody till October 30. Meanwhile, the layers decided to approach the Bombay High Court.
October 26,27,28:- Bombay High Court heard the case for three days and finally granted bail to all three accused.
Meanwhile, the NCB sought some documents from Shah Rukh Khan to probe into Aryan Khan’s medical history, foreign travel details, etc. Bollywood actor Ananya Panday was also summoned for questioning in connection with Aryan Khan’s alleged drug consumption, as the NCB claimed that Ananya seems to have arranged drugs for Aryan Khan thrice.
Bail was granted after hearing Senior Advocate Mukul Rohtagi for Aryan Khan and ASG Anil Singh for the Narcotics Contol Bureau. The Bench also heard Senior Advocate Amit Desai for Arbaz Merchant and Advocate Ali Kashiff Khan Deshmukh for Munmun Dhamecha.
Arguments in Aryan Khan Case
Aryan Khan’s Case Arguments
On behalf of Aryan Khan
It was argued on behalf of Aryan Khan, represented by Senior Advocate Mukul Rohatgi, that his arrest was made in Sheer Violation of Article 22 of the Constitution. In as much as he was not informed about the correct grounds for arrest.
Article 22:-
Protection against arrest and detention in certain cases (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest not shall he be denied the right to consult and to be defended by, a legal practitioner of his choice.
What’s App Chat:-
Rohtagi also submitted that none of the What’s App chats recovered from Khan’s phone relate to the cruise party. It is further argued that What’s App messages have no evidentiary value and a person’s liberty for an offence punishable with one year cannot be deprived on such a basis.
“Their (devices) were seized but there is no panchnama. Based on this, there has been speculation of drug trafficking, it is absurd. The device is not with us, there is not with us, there is no panchnama and seizure report in relation to phones. Punjab and Haryana High Court and Bombay High Court have held that Whats App chats are inadmissible.
It was also contended that NCB’s case relies heavily on “Voluntary” statements given under Section 67 of the NDPS Act. Which are inadmissible in evidence as per last year’s Supreme Court judgment in the Tofan Singh Case.
(Argument On Behalf of NCB) NCB’s Case
ASG Anil Singh on behalf of NCB argued that in the accused What’s App chat there is a specific reference to bulk quantity, and that Khan is not a first–time consumer. Regarding admissibility of the chats, the ASG said they have a 65 B certificate as required under the Indian Evidence Act and the Chats are thus admissible. “Accused number 1 (Aryan Khan ) is not a first-time consumer,” said the NCB’s lawyer Anil Singh, the Additional Solicitor General. “He is a regular consumer since last few years and he has been procuring drugs. There is a reference of procuring drugs in commercial quantity and the drugs are hard drugs. He has been in contact with peddlers,” said Mr. Singh.
MUKUL ROHTAGI’s ARGUMENT
Mr. Rohtagi countered that there were 1,300 people on the cruise. “There are 500 rooms in the Taj. If two people are consuming in two rooms will you hold the entire hotel? There is absolutely no material for purposes of conspiracy,” he said.
“BAIL IS RULE, JAIL IS EXCEPTION”
It is a legal doctrine that was laid down by the Supreme Court of India in a landmark Judgement of the State of Rajasthan Vs. Balchand alias Baliya (AIR 1977 2447). The legal doctrine, In this case, was laid down by Justice V. Krishna Aiyer, who based it on Fundamental Rights guaranteed by the Constitution of India. Every accused person is presumed to be innocent until proved guilty. The effect of granting bail is not to set the accused free, but to release him from custody and to entrust him to his own bond. Thus, Bail is security obtained from a person arrested regarding an offence for the purpose of securing his presence during the course of a trial. Section 436 of the Code of Criminal Procedure, lays down that a person accused of an available offence under I.P.C. can e granted bail. On the other hand, Section 437 of the Code of Criminal Procedure, 1973 lays down that the accused does not have that right to bail in non-bailable offences. It is the discretion of the Court to grant bail in case of Non-bailable offences.
