Thread by @barandbench

#NarcoticsControlBureau has formally arrested Aryan Khan (son of #ShahRukhKhan with Munmun Dhamecha and Arbaaz Merchant in #ncbraid carried out on a Mumbai-Goa cruise.

#AryanKhan
@narcoticsbureau

Khan along with 7 others had been detained by NCB for inquiry and interrogation in the case since early hours of Sunday.

#AryanKhan
#Arrest

The three arrested have completed their medical examination from JJ govt hospital and will be produced before Holiday Magistrate RK Rajebhosale shortly.

#AryanKhan
#ncbraid

Advocate Satish Maneshinde will appear for Aryan Khan.

Advocate Advait Sethna is special public prosecutor for NCB.

#AryanKhan
#ncbraid

The accused booked under FIR 94 of 2021 includes offences under Sections 27, 8(c), 20(b) and 35 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

#AryanKhan
#ncbraid

Aryan Khan and two others have been produced in Court.

#AryanKhan
#ncbraid

Hearing begins.

Adv Maneshinde requests for a meeting with Khan for a few minutes.

Court allows.

#ncbraid
#AryanKhan

Adv Sethna: Remand application has been submitted. There are three persons. Aryan is #1, Arbaaz is #2 and Munmun is #3.

#ncbraid
#AryanKhan

Adv Sethna: This arises out of special operation of NCB on a cruise from Mumbai to Goa with 22 members posing as passengers. This entire operation came to be unearthed.

#ncbraid
#AryanKhan

Adv Sethna: Total recovery is 13 gms cocaine, 5 gms mefedrone, 21 gms charas, 22 mdma ecstasy and ₹1.33 lakh in cash. This is quantum of recovery after a day’s enquiry.

#ncbraid
#AryanKhan

Adv Sethna: Some are produced today, some will be produced shortly in a day or@two.

Adv Sethna: There are 8 persons apprehended by specialised team for suspicious transactions constituted under NDPS Act. This is nascent stage hence we have used suspicious transactions.

#ncbraid
#AryanKhan

Adv Sethna: I am seeking a humble 2 day reasonable custody. NCB has apprehended a supply person so NCB needs to find out the contact an link. There is link shown through Whatsapp chats.

#ncbraid
#AryanKhan

Adv Sethna: On the basis of interrogation, NCB is conducting a new raid operation, we want to confront them with each other.

#ncbraid
#AryanKhan

Adv Sethna: The seriousness I will tell you. The revelation from the respondents have to be made about the known and unknown. hence custody till October 5 may be granted.

Adv Sethna: I am not venturing into the merits of the case. i am only here requesting based on circumstances. The quantum of contraband is significant.

#ncbraid
#AryanKhan

Adv Sethna: The otherside may say the offences are bailable. Even if offences are bailable these people, whatever info is available, custodial interrogation is required.

#ncbraid
#AryanKhan

Adv Sethna: Whatsapp chats have been@recovered. Let us do our work. Only reasonable time of 2 days so that we can consolidate proper data with the other apprehended person.

#ncbraid
#AryanKhan

Adv Sethna shows State v. Dharampal judgment of the Supreme Court.

#ncbraid
#AryanKhan

Adv Sethna: I am saying that what I am asking today will facilitate my investigation.

He shows State v. Anil Sharma.

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#AryanKhan

Adv Sethna: Thus as mentioned, it is evident that police custody is essential for proper investigation so as to ensure that the investigation does not remain raw.

#ncbraid
#AryanKhan

Adv Sethna: My learned friend may have a fine case on bail. And I am using the word may because things here will travel faster considering there is media.
But for the aforementioned factors I am seeking custody.

#ncbraid
#AryanKhan

Adv Sartaj appears for Merchant and Dhamecha.

Maneshinde begins submissions for Khan.

#ncbraid
#AryanKhan

Maneshinde: My learned friend has continuously said that the offences are bailable. I would have filed for bail, but the court is only sitting as today is Sunday.

#ncbraid
#AryanKhan

Maneshinde: My client was invited by the organisers. He had no boarding pass. Nothing was found with him. subsequently his mobile instrument was examined. Nothing was found in subsequent tests.

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#AryanKhan

Maneshinde: According to department, nothing has been found on him, or him having consumed anything. Though nothing has been found on him, they will carrying out new raid.

#ncbraid
#AryanKhan

Maneshinde: Particularly because they have been treating me well, no coercion, no demand, though nothing has been unearthed, I am willing to agree for 1 day NCB custody.

#ncbraid
#AryanKhan

Maneshinde: So that he can approach the appropriate special court for bail.

#ncbraid
#AryanKhan

Maneshinde: Even if I file for bail today, they will seek time for reply which will not serve my purpose, so My lord my allow one day custody.

#ncbraid
#AryanKhan

Maneshinde: All the sections that are levied against me have no embargo under Section 37. One day custody will suffice.

There is no possession, no consumption and no contact with any other person.

#ncbraid
#AryanKhan

Adv Sartaj submits: There is nothing to show in the remand what was seized from which person.

So police remand for bailable offences will be unfair. i am requesting for JUdicial custody and hear my bail application.

#ncbraid
#AryanKhan

Adv Maneshinde: One correction in my submission, there is a notification that milords can hear my bail application.

He files an application for retracting Khan’s statement recorded under Sec 67 of NDPS.

#ncbraid
#AryanKhan

Adv Maneshinde: I am filing for my bail application.

#ncbraid
#AryanKhan

Adv Sartaj files for retraction of the statement of Section 67 of NDPS.

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#AryanKhan

Court is dictating order.

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#AryanKhan

Corrigendum: Maneshinde has not filed retraction statement

Court orders NCB remand till October 4, 2021.

Maneshinde: My bail application may be kept on October 4, I have filed here.

Court: You file before regular court only.

#ncbraid
#AryanKhan

Maneshinde requests to speak to Khan before tomorrow.

Court: Whatever medications are required be given.