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Shah Rukh Khan‘s son Aryan Khan’s bail application was rejected by a magistrate court on Friday. Khan and other accused have been arrested after the Narcotics Control Bureau raided a cruise ship off the Mumbai coast last week. According to the court order obtained by CNN-News18, the additional Chief Metropolitan Magistrate (ACMM) R M Nerlikar listed the offences as triable by the Special court only as one the reasons due to which Khan’s bail application was rejected.
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The order said that the ‘facts and circumstances of the present case and cited decisions are different from each other’, and that decisions cited by lawyer of Aryan Khan, and two other others were ‘not useful’.
In the 15-page order, the details of which were made available on Saturday, the ACMM said “this court ceases its jurisdiction to entertain the applications for bail” considering section 36A and the fact that all three were held for one crime under various provisions of the NDPS Act for which the prescribed punishment was more than three years.
According to his order, all of the accused offences are exclusively triable by the special court. Aryan Khan, the son of Bollywood superstar Shah Rukh Khan, along with Arbaaz Merchant and Munmun Dhamecha, were arrested on October 3 following the alleged seizure of prohibited substances aboard a cruise ship off the coast of Mumbai.
They have been arrested and are being held in judicial custody under various provisions of the NDPS Act. So far, the Narcotics Control Bureau has arrested 18 people in connection with the incident.
The ACMM’s court noted that the investigation revealed that the allegations levelled against all of the accused are in relation to consumption, sale, and purchase, with intermediate and commercial quantities of narcotic drugs and psychotropic substances allegedly seized, for which the punishment prescribed is more than three years.
While lawyers arguing for bail for the accused mentioned many previous rulings, the ACMM’s court stated that such decisions were not relevant given the facts and circumstances of the current case, adding that the supra judgements differed from one another.
“The same are related to the powers of the Sessions Court and the High Court. Considering all these aspects, the bail applications filed by the accused are not maintainable before this court. The same are required to be rejected,” he added.
When the case came up for hearing earlier on Friday, Additional Solicitor General Anil Singh argued that the magistrate court lacked jurisdiction to entertain such applications in this case. According to a lawyer, Khan, Merchant, and Dhamecha would likely apply for bail before the Sessions Court on Monday.
The three and others were apprehended after the NCB searched a cruise ship going for Goa on the evening of October 2. Meanwhile, the magistrate court on Saturday ordered Achit Kumar, who had been detained based on Khan and Merchant’s statements, to be placed in judicial custody. According to the NCB, Kumar used to distribute medicines to the two.
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