No evidence of conspiracy: Bombay HC in bail order of Aryan Khan, 2 others
Nov 20, 2021
Mumbai (Maharashtra) [India], November 20 : The Bombay High Court, in its order, has said that there is "hardly any positive evidence" against Aryan Khan, Arbaaz Merchant, and Munmun Dhamecha, who were arrested in the drugs-on-cruise case, for the offence of conspiracy under the Narcotic Drugs and Psychotropic Substances Act.
"There is hardly any positive evidence on record to convince this Court that all the accused persons with common intention agreed to commit unlawful act," the High Court said in its 14-page order while granting bail to three including Aryan Khan, Arbaaz Merchant, and Munmun Dhamecha.
It further explained that "merely because Aryan Khan, Arbaaz Merchant, and Munmun Dhamecha were travelling on the same cruise," that by itself cannot be termed as "satisfying foundaotin" for invoking provisions of Section 29 against them.
"Court has already observed that there is no material on record to infer that Applicants have hatched conspiracy to commit the offence. That being so, at this stage, it is difficult to infer that Applicants are involved in an offence of commercial quantity. As such, parameters laid down under Section 37 of the NDPS Act will be of hardly any consequence while considering the prayer for grant of bail of the Applicants," the Court said.
All the three accused were granted bail by the High Court on October 28.
The Court also noted that Khan was not in possession of drugs while the other two had "small quantities" of drugs under the NDPS Act.
"Aryan is concerned but for irrelevant Whats-App chats noticed in his mobile," the Court remarked.
An NCB team busted an alleged drugs party on the Cordelia Cruise ship which was on its way to Goa at mid-sea on October 2 night. Eight persons were detained for questioning by the Narcotics Control Bureau (NCB) in connection with the drug seizure on the cruise ship. All of the eight persons were later arrested on October 3 including, Aryan Khan, Arbaaz Merchant, and Munmun Dhamecha. A total of 20 people including, Aryan Khan, Arbaaz Merchant, and Munmun Dhamecha were arrested so far in connection with the case.
