Bombay High Court flaunts NCB’s theory, says in bail order – no evidence to prove the accused
The Narcotics Control Bureau (NCB) did not have any evidence against Aryan Khan, who was in custody for 26 days in the cruise drugs case. Bollywood star Shah Rukh Khan’s son Aryan got the detailed bail order from the Bombay High Court made public on Saturday. The court has blown away all the theory of NCB in a detailed order of 14 pages.
The Bombay High Court has held that there is no concrete evidence that Aryan Khan, along with other accused, conspired for drug consumption. Aryan Khan’s WhatsApp chat can also not be considered as any special evidence. The High Court has observed, “No on-record positive evidence has been produced before the Court to establish that all the accused persons with common intention to commit the unlawful act.” “The court is sensitive to the fact that there should be basic material in the form of evidence to prove the case of conspiracy against the applicants,” it added.
‘Can’t rely on confession statement’ – HC
The Bombay High Court, in its 14-page release order, has also held that the NCB cannot rely on the confessional statements of all the accused persons recorded by the investigating officer as it is not binding.
On October 28, the Bombay High Court ordered Aryan Khan to be released on bail in the Cruise Drug Party case. At that time the High Court had said only the operative part. Information about the detailed order of Justice Nitin Sambre has now come to the fore.
What has the High Court said in the detailed order
- Aryan had conspired with other people, the High Court has refused to accept such NCB offer. The High Court has observed that the material produced by the NCB does not provide any solid evidence against the accused.
- The High Court has observed that there should be some evidence to prove that there was an agreement between all the accused and that they had conspired together earlier.
- The High Court has clearly stated that traveling together cannot be considered as a ground for conspiracy. Just because Aryan and his friends Arbaaz Merchant, Munmun Dhamecha were on the same cruise, this in itself cannot be a basis for conspiracy charge against them.
Was taken into custody on 2 October
Let us inform that on the night of 2 October, NCB raided the rave party going on in Cordiel cruise ship going from Mumbai to Goa, Aryan Khan along with Munmun Dhamecha, Arbaaz Merchant and many people were detained on the charges of taking drugs and trading. Had taken. Aryan and his associates were granted bail on October 28. While granting bail, the court had said that Aryan Khan will have to make an appearance at the NCB office every week.
What were the conditions of the High Court while granting bail
Aryan Khan was granted bail on 28 October on a personal bond of Rs 1 lakh, although he reached home from jail on 29 October due to delay in paperwork. He had received a 5-page order by the High Court, in which the condition was that he would have to come to the NCB office every Friday between 11 and 2 pm. Also Aryan cannot go out of the city without informing the police. Aryan, after bail, cannot contact other accused, also he is not allowed to make statements in public or on social media in this case. There is also a condition in the 14 conditions that Aryan will not be a part of drug related activities in future.