[Aryan Khan drug case] What does the Magistrate bail rejection order say?

The order passed by Chief Metropolitan Magistrate RM Nerlikar rejecting the bail plea of Shahrukh Khan’s son, Aryan Khan in the cruise ship drug case, has been released.

The Magistrate has concluded that all offences mentioned in the first information report (FIR) lodged against Khan and other accused are exclusively triable by the Sessions Court and consequently, the bail application is not maintainable before the Magistrate.

The Magistrate stated that as per Section 36A of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), the offences are all triable before the Special Court.

Judge Nerlikar noted that the accused were all part of the same FIR which had offences which are punishable with imprisonment of more than 3 years.

"If considered Section 36A and the fact that the present accused along with other accused were arrested in one crime i.e. CR no. 94/2021 under the various provisions of the NDPS Act for which prescribed punishment for more than three years. All the alleged offences are exclusively triable by the Special Court." the order states.

Reflecting on the submissions by the counsel for the accused and the Additional Solicitor General Anil Singh, the Court noted that the allegations against the accused in the FIR were with respect to consumption, sale, purchase and attempt to commit an offence under the NDPS Act.

[Read order]