2 min read.Updated: 13 Oct 2021, 06:13 PM ISTLivemint
NCB opposed the bail plea of filed by Khan, saying the probe so far has revealed his role in the conspiracy and illicit procurement and consumption of drugs
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Aryan Khan bail hearing: A Mumbai Court on Wednesday adjourned the hearing on bail applications of Aryan Khan, Arbaaz Merchant and Munmun Dhamecha till tomorrow (Thursday). Khan, son of Bollywood superstar Shah Rukh Khan, was arrested on 3 October following a raid on a cruise ship and is presently in judicial custody. He is lodged at the Arthur Road jail in Mumbai. He approached the special court seeking bail after a magistrate's court rejected the same last week.
The NCB opposed the bail plea of filed by Khan, saying the probe so far has revealed his role in the conspiracy and illicit procurement and consumption of drugs.
The central probe agency in its affidavit said Aryan Khan was in touch with some persons, who appear to be a part of an international drug network for procurement of drugs. Further probe is on with regard to financial transactions done abroad, it added.
“During initial investigation, some international linkages pertinent to this applicant (Aryan Khan) have been unearthed which prima facie indicate towards illicit drug procurement. The investigation requires sufficient time so as to approach the foreign agency concerned," the affidavit said.
The NCB submitted that the case of each of the accused cannot be considered individually or separately, as prima facie investigation reveals that there is a close link/nexus among all the accused, including Aryan Khan, for conspiracy to commit offences.
“It is not feasible to dissect or separate each from the other. All ingredients of crime, that are preparation, intention, attempt and commission, are present for this applicant (Aryan Khan)," said the affidavit, which was filed in response to the bail plea filed by Khan.
“It is prima facie revealed that accused No 1 (Aryan Khan) used to procure contraband from accused No 2 (Arbaaz Merchant) and the sources connected to accused No 2, from whose conscious possession six grams of Charas was recovered," the NCB said in its affidavit.
The material collated during probe primarily revealed that Khan has a role in illicit procurement and distribution of the contraband. As per investigations carried out so far, accused Aachit Kumar and Shivraj Harijan had supplied Charas to Aryan Khan and Arbaaz Merchant, the NCB said.
The agency further stated that the role and involvement of Aryan Khan in the commission of grave and serious offences under the NDPS Act, including illicit drug trafficking, is apparent "considering the nexus and connection of this applicant with the other accused in the case". It said all the accused are inextricably connected and hence, it is not possible to dissect the role of each accused from the other.
“The case of each applicant cannot be considered in isolation. All these persons are an integral part of a common thread which cannot be separated or dissected from one another. In such a situation, the quantum of recovery (of drugs) from one accused becomes inconsequential," the NCB said in the affidavit.
On arguments of no recovery from Aryan, the NCB said even though from some of the accused there is no recovery or less recovery of contraband, participation by acts of such persons, who have acted in concert, conspiracy forms the basis of the investigation.
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