Aryan Khan has international linkages, can derail probe; publicising Prabhakar Sail affidavit is example: NCB to Bombay High Court

Aryan Khan, son of Bollywood actor Shahrukh Khan, is an influential person and may tamper with witnesses and evidence, the Narcotics Control Bureau (NCB) has told the Bombay High Court..The submission was made by NCB in its response to Aryan Khan's bail plea before the Bombay High Court.In this regard, the NCB in its reply also highlighted the affidavit of one of the witnesses in the case, Prabhakar Sail, to buttress its claim that the probe is being interfered with.Sail in his affidavit had raised allegations against NCB Zonal Director Sameer Wankhede and the affidavit had been widely reported in the media. "Such a document has not been filed in any proceeding before any court despite the fact that the matter is sub-judice before Bombay High Court and Sessions Court. Curiously, the same has been clandestinely distributed and widely publicised in the media," the NCB submitted in its reply. The following are the main grounds on which NCB has opposed Khan's bail plea:.Influence witnesses, tamper with evidenceThe NCB has said that Khan is an influential person and is likely to tamper with evidence or flee justice if released on bail..Evidence shows Aryan Khan has international linkages, part of illicit drug traffickingDuring the investigation, some international linkages of Khan have been unearthed which prima facie indicate illicit drug procurement. Khan was in touch with persons abroad who were part of international drug network.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..Part of conspiracy, one person cannot be isolatedKhan and Merchant had been in close collaboration with each other which is sufficient to attract offences under Section 29 of Narcotic Drugs and Psychotropic Substances Act (NDPS Act) which deals with conspiracy. The role of one accused cannot be dissected from another.The investigation reveals that all persons form part of larger chain and their involvement in conspiracy to commit illegal acts cannot be ruled out.The NCB, therefore, underscored that all the accused persons are an integral part of a common thread and they cannot be separated or dissected from each other..Rigours of section 37 will apply to Section 29Rigours of Section 37 of NDPS Act against grant of bail will apply, the NCB said opposing the bail plea by Khan..Recovery of substance is not importantThe NCB response specifically dealt with Khan's contention that no drugs or any other banned substance was recovered from him.Even if there was no recovery of substance, the accused were involved in conspiracy, the reply stated.The NCB highlighted that there have been several seizures in intermediary quantity from co-accused. There was also seizure of commercial quantity of mephedrone from one accused.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.In view of the above, the quantum of recovery (of drugs), from one individual becomes inconsequential and none of them can be considered in isolation for grant of bail..Wankhede and Sail’s affidavit part of the replyThe affidavit which Prabhkar Sail filed alleging extortion and corruption by NCB officer has been relied upon by the NCB to claim how the probe is being interfered with. Sail had claimed in the affidavit that Wankhede and the independent witnesses were trying to extort money in the case.To this, NCB responded that there was no evidence to substantiate this claim..Thus, one of these applicants (Khan) cannot be considered in isolation and granted bail on the basis that there was no recovery from him, the NCB submitted.Mere speculation that maximum punishment against Khan will be only one year imprisonment, is purely based on surmises and conjectures when NCB has sufficient material to show ingredients of conspiracy, it was contended.