MUMBAI: The case of Odisha residents, Avin Sahu and Manish Rajgaria, arrested during the Cordelia cruise drugs bust, is different from the case of actor Shah Rukh Khan’s son Aryan, his friend Arbaaz Merchant and model Munmun Dhamecha, the special Mumbai court said in its detailed orders granting the two bail on Tuesday, explaining that no case of prima facie conspiracy and abetment was made out against them.

The court said there was no prima-facie material that they were part of any larger network and their case can be distinguished from that of others against whom there was evidence of conspiracy.

“The respondent (Narcotics Control Bureau, or NCB) failed to produce on record any evidence to show that he was either in contact with any of the accused or that in any way that he is connected with co-accused. The prosecution failed to show nexus of the applicant with co-accused to prima-facie make a case of conspiracy. Merely because the applicant was present on the cruise, he cannot be said to be acted in conspiracy with the co-accused,” Vaibhav Patil, the special judge designated to hear cases relating to the Narcotic Drugs and Psychotropic Substances Act (NDPS), said in a 12-page order on Avin Sahu’s bail request. He cited similar circumstances in his order granting bail to Manish Rajgaria.

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Judge Patil said section 29 of NDPS Act, which relates to punishment for abetment and criminal conspiracy, is not applicable in the case of the two Odisha residents hence rigours of section 37 of NDPS (relating to offences to be cognisable and non-cognisable) would not apply to them.

The court said there is no prima-facie material that the present applicant is part of a larger network and his case can be distinguished from the case of others accused against whom there is evidence of conspiracy. As argued and according to the remand report, the accused is arrested only for violation of 8C (prohibition, control and regulations), 27A of NDPS Act (punishment for financing illicit trafficking and harbouring offenders) which attracts punishment for one year. Hence section 29 of NDPS is not applicable to him.

“The role attributed to the present accused is different from the role attributed to accused Aryan Khan, Arbaaz Merchant and Munmun Dhamecha and that no case of prima-facie conspiracy and abetment is made out against the applicant as alleged by the prosecution. Hence section 29 of NDPS Act is not applicable,” the judge said.

Judge Patil also observed that the prosecution has failed to point out any circumstances during arguments which “show the nexus of the applicant Rajgaria with any co-accused to prima facie make out the ingredients of the conspiracy”.

“Merely because some contraband was allegedly recovered from the applicant, he cannot be said to be acted in conspiracy with co-accused. Moreover, so far as in respect of recovery is concerned, panchnama states that contraband was handed over to the NCB officers by the security officer. Thus, there is prima facie no cogent evidence on record regarding recovery of contraband from the applicant.”