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The Bombay High Court has today granted bail to Bollywood actor Shahrukh Khan's son, Aryan Khan, and fellow accused Arbaaz Merchant and Munmun Dhamecha in the Cordelia Cruise drugs case.
A detailed order in the matter is expected tomorrow. Khan was represented by Sr. Adv. Mukul Rohatgi in the matter.
Senior Advocate Mukul Rohatgi on Tuesday while appearing on behalf of Aryan Khan, had vehemently argued for grant of bail for the 23-year old.
He had reiterated the contents of his affidavit filed earlier in the day and said that he had no allegations to make against any officer of the Narcotics Control Bureau (NCB) or from the prosecution and neither did he have any association with Prabhakar Sail.
"There is some unsavoury controversy, but in my rejoinder I have made it clear that I am not connected to Prabhakar Sail," Rohatgi had submitted.
He had urged the Court to keep in mind that whatever allegations were made against the NCB, Sameer Wankhede, were on account of the enmity with a political personality whose son-in-law was arrested (Nawab Malik) earlier and that it was today being rebounding on his client.
Further, before a bench of Justice Sambre, Rohatgi's main argument revolved around the question of whether he can be kept behind bars for an extended period of time, even though the remand order stipulated offences against Khan which only subscribe punishment for a maximum period of one year.
On the issue of Whatsapp chats which had gathered much controversy, Rohatgi had argued that there was no mention of anything in the WhatsApp chats about the current saga of events at play and that the "conversations revolved around poker."
In this light, Rohatgi had emphasised that the legislative intent of the Act was very clear, thrusting on rehabilitation and immunity from prosecution.
It was stressed that Aryan Khan's bail application should be decided on merits uninfluenced by Prabhakar Sail's or Sameer Wankhede's assertions/ allegations.
Earlier in the Cordelia Cruise Drugs Case opposing Aryan Khan’s bail plea before Bombay High Court, the Narcotics Control Bureau (NCB) had alleged that international linkages of Aryan Khan have been unearthed hitting towards illicit drug procurement.
Vehemently opposing Aryan's bail plea, NCB had also stated that that malafide attempts are being made to tamper with the ongoing investigation with an intention to derail the same.
Referring to the affidavit filed by NCB's crucial panch witness Prabhakar Sail, NCB had stated that certain shocking developments have come to light which are detrimental, prejudicial to an on-going fair and transparent investigation.
Prabhakar R. Sail, one of the panch witnesses, had filed an affidavit alleging that one Pooja Dadlani, Shahrukh Khan's manager had struck a deal with the NCB officers to settle the case. He had also raised allegations against NCB Zonal Director Sameer Wankhede and stated that his life is in danger.
NCB had stated that the affidavit was not filed on court but clandestinely distributed in the media and instead Pooja Dadlani has influenced Sail himself.
"Significantly, such purported Affidavit clearly names one Pooja Dadlani, (Shahrukh's) Manager connected to this Applicant. It appears that the said lady appears to have influenced such panch witness when the investigation is ongoing, such interference at the stage of investigation is a malafide attempt to ensure that the same is derailed and the quest of truth is obstructed," the affidavit read.
NCB had also informed the court that it has filed an application in the Special NDPS court pointing out how attempts were being made to derail the investigation as soon as this fact was brought to their notice.
Reiterating allegations that all the persons arrested in the matter are inextricably connected with each other, the affidavit claimed that Khan was in touch with persons abroad who were part of international drug network.
It stated that material collected during investigation primarily revealed that Khan had played a role with respect to illicit procurement and distribution of contraband. It further claimed that Khan procured contraband from his friend Arbaaz Merchant.
Opposing the bail, NCB had further stated that there was sufficient material in the form of whatsapp chats, pictures, etc to show that Khan was an active part of the illicit drug chain with other co-accused. The agency had also said that Aryan Khan's international linkages show that he is not a "mere consumer as is sought to be made by him".
"It is premature to hold that there is no evidence against him," NCB had stated.
Aryan's bail was listed to be heard before a single bench of Justice Nitin W Sambre of Bombay High Court.
Cause Title: Aryan Khan v. Union of India
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