Aryan Khan granted bail, detailed order by tomorrow, could be released by Saturday

MUMBAI: Three weeks after he was arrested by the Narcotics Control Bureau (NCB) in connection with a drug bust onboard a cruise ship at the Mumbai International Cruise Terminal, Bollywood actor Shah Rukh Khan’s son Aryan Khan was granted bail by the Bombay High Court.

The detailed bail order will be out tomorrow and Aryan is expected to walk free by day after – Saturday.

A single bench of Justice N W Sambre also granted bail to co-accused Arbaaz Merchant and Munmun Dhamecha. “All three pleas are allowed. I will pass detailed orders by tomorrow evening,” Justice Sambre said according to a report in the Indian Express.

The three accused may be released by Saturday on fulfilling the terms of bail.

The Narcotics Control Bureau (NCB) counsel ASG Anil Singh said the applicant Aryan Khan is not a first-hand consumer but a regular consumer of drugs for the last two years. The NCB also pointed out that Aryan was found in ‘conscious possession’ of drugs. “There is a case that a person might not have consumed the drug, but if he’s in possession of it, he can be booked under NDPS Act… Accused Aryan was found in conscious possession of contraband,” Singh had argued before the High Court.

On Wednesday, Senior Advocate Amit Desai, representing co-accused and Aryan’s friend Arbaaz Merchant, argued before the single-judge bail bench of Justice Nitin W Sambre that the NCB’s arrests in the case were “illegal” because the agency failed to follow procedure under section 41A of the Criminal Procedure Code (CrPC), which requires the investigating officer to issue notice of appearance prior to arrest.

Desai also contended that WhatsApp chats found on Aryan’s phone were not admissible in court, according to previous High Court judgments and provisions of the Indian Evidence Act and the NCB cannot detain him merely on old WhatsApp chats.