Mumbai court denies bail to Aryan Khan, Munmun Dhamecha, Arbaaz Merchant in cruise ship drugs case

Shah Rukh Khan's son Aryan Khan, Munmun Dhamecha, Arbaaz Merchant and five others have been denied interim bail by a metropolitan magistrate's court in Mumbai.

The court held that their interim bail applications were not maintainable and they would have to be heard by the sessions court or a special court dealing with the Narcotic Drugs and Psychotropic Substances (NDPS) Act under which they were charged.

The trio was among the first arrested in an alleged drug bust carried out by the Narcotics Control Bureau (NCB) on a cruise ship off Mumbai on 2 October. Having been remanded in judicial custody for 14 days yesterday, the accused were presented before additional chief metropolitan magistrate RM Nerlikar this morning.

According to the legal website BarandBench.com, advocate Advait Sethna and additional solicitor general Anil Singh, who are representing the NCB, objected to the bail pleas, citing maintainability. They contended that only a special court or sessions court has jurisdiction to hear the matter and not a magistrate's court.

In its plea, the NCB maintained that since all the accused were allegedly involved in a single crime, they could not be separated on the issue of bail or interim relief.

The court agreed not to restrict the submission of the parties 'only on maintainability'. But the additional solicitor general stuck to his guns, citing the case of Rhea Chakraborty which was tried in a special NDPS court, as precedence. 

Anil Singh further stated that the plea for bail cannot be heard separately, since all the accused were being tried for the same crime. 

He further maintained that as Khan belongs to an influential family, there is a risk of him tampering with evidence in the case.

Arguing for Dhamecha, advocate Ali Kaashif Khan Deshmukh pointed out that there has been no proof of her being part of a 'nexus' or conspiracy, as alleged by the NCB. 

However, Anil Singh cited the case of actor Armaan Kohli, whose bail plea was denied in similar circumstances. According to BarandBench.com, the additional solicitor general said, "Even that judgment says that you have to go to the concerned court. If the court cannot grant regular bail, then interim bail cannot be granted."

The NCB maintained that the defendant ought to appeal to the right court.

In addition, Anil Singh sought to establish that Aryan Khan's connection with Merchant and his presence at the site of the raid were not coincidental. 

Despite Aryan Khan's counsel, advocate Satish Maneshinde, repeatedly stressing the lack of any direct evidence against his client, the magistrate held that the bail plea was not maintainable in his court. According to BarandBench.com, Maneshinde said, "There is no prohibition on the magistrate [to hear the bail plea] because this court is covered by the CrPC [Criminal Procedure Code] and the magistrate has jurisdiction to try several offences."

However, the magistrate, having heard the submissions and applications, decided on denying bail. Aryan Khan and the co-accused have been shifted to Arthur Road Jail where they will remain in judicial custody until a further appeal is made by the defence.