Aryan Khan remand hearing in NDPS case [LIVE UPDATES from Mumbai court]

A Mumbai court is hearing the matter concerning the remand of Bollywood actor Shahrukh Khan’s son Aryan Khan and seven others who are presently in the custody of the Narcotics Control Bureau (NCB) for their alleged involvement in the cruise ship drug case.

On Monday, October 4, Khan and seven others were remanded to NCB custody till October 7, 2021.

Later on Tuesday, four additional accused were remanded to NCB custody till October 11, 2021.

Following this, on Wednesday, the latest four accused were remanded to NCB custody till October 14, 2021.

The NCB will also be producing two new arrests for first remand, one Achit Kumar, who is allegedly linked to Aryan Khan and a foreign national allegedly involved in international trafficking.

Read live updates from the hearing

Accused have been produced.

Although accused have been produced and their lawyers are present, there is no lawyer present for NCB. Hearing yet to commence.

Adv Satish Maneshinde asks the Court whether before Aryan Khan is produced in Court, his junior could meet him.

Court permits and rises for a break.

Family of Munmun Dhamecha, a co-accused in the case, request to meet her as well, which the Court grants.

Special Public Prosecutor Advait Sethna for NCB reaches court.

Maneshinde asks Sethna for a copy of remand. Sethna states that only he will be given a copy.

NCB is seeking custody of Aryan Khan till October 11.

Sethna apologizes to the court on behalf of Additional Solicitor General Anil Singh who is on his legs in Bombay High Court.

NCB states that so far 17 people have been arrested. The new arrest, Achit Kumar has been arrested based on statement by Aryan Khan, NCB states.

NCB has further submits that there is another raid which will be conducted and any possible arrests in that raid will have to be confronted with the present arrested.

The new arrest Aachit Kumar has also been named by accused Arbaaz Merchant: NCB

Confrontation of present eight respondents with Aachit Kunar and intercepted foreign national is essential for the investigation, NCB

Court asks when will NCB begin.

Sethna: We are waiting for ASG to come. He told us he is on his way.

Aachit Kumar’s custody has been sought till October 11.

Sethna: There is a new remand of Achit Kumar. Because his lawyer is here we can start.

Advocate Ashwin Thool is appearing for Aachit Kumar.

Sethna: Until this date, 16 persons were apprehended and arrested on custody on the ground that these are the persons, prima facie. connected with the commission of offences.

Sethna: The confrontation has significantly revealed new information. That the new arrest is part of Ganja trafficking. After a search of 2.6 gms of ganja, Kumar was given notice.

Sethna: With Arbaaz, name of Aachit was revealed. The present disclosure reveals he is part of ganja trafficking network. He is identified, verified and corroborated.

Sethna: It is humbly prayed for short custody till October 11. Question which arises is why him and how is he concerned. His name has come about in the investigation.

Sethna: Every day, there is a new development and there is a new finding that he is a supplier and he has a connection with (numbers) 1 and 2.

Thool: It is unfortunate that NCB tends to lie to the court. The date is 6, the time is 7. Reality is, he was picked up at 2 pm on 5th.

Thool: They leave me at 4.30-5, so that I can make phone calls to show that there is no arrest. The moment there is restriction of movement, there is arrest. I am in process of getting CCTV footage of my building.

Thool: Once this remand is granted then the arrest gets regularized.

Thool: They are lying to the court. They are saying that I was part of network, but I was only found with 2.6 gms of ganja.

Thool: Somewhere, this illegality needs to stop. Ask the officer to tell when he was detained and if he says October 6, I am willing to place affidavit that he is lying.

Magistrate: Do you think they will admit to this fact you are alleging?

Thool: I understand, I am glad milords has taken cognizance.

Magistrate: If that is so, then why have you not challenged the same?

Thool: I will. There are over-zealous officers.. once there is habeas corpus, but once custody is granted, then arrest is regularised. And we all know it takes time for matters to list.

Thool refers to Ashwin Kulkarni case to substantiate on a point concerning Section 167 of CrPC.

Thool: The scheme is obvious and required to be protected. The accused is required to be produced within 24 hours. For two days I was in custody. They needed to confront me for accused 1 and 2. I was with them for two days, what have they done?

Sethna (for NCB): I have heard lies lies lies from my learned friend. I commend the linguist zeal of my friend. We have seen such allegations against the Bureau, but Milords is aware and has been passing appropriate orders.

Magistrate: He is merely saying that he was detained before..

Sethna: But then the 'zealous officers' he is talking about - these officers have not seen sun, moon and have worked day and night to investigate.

Sethna: The drug abuse is like a malignant tumour that has been spreading.. and he is saying 'only 2.6 grams'!

Thool: If there is malignancy, then the Court is not supposed to treat them harshly but is supposed to go softly on them

Thool: They have not brought even one person to show any connections. I am only making submissions on the remand.. It is all good to create a facade, but when you ask for the man and his details, then they have nothing..

Sethna: Do not interfere with the investigation.

Thool: There has to be some interference at this stage.

Order on Aachit Kumar remand: Heard the learned counsel. After search, 2.6 grams of ganja was recovered. Notice was issued for investigation purpose.

Order: All the associates need to be identified for custody. The accused lawyer argued that he is making a responsible statement that officers visited on October 5 and then on October 6, he was asked to call his parent.

Order: He is accusing that there is illegal arrest by NCB authorities. His allegations are that the 2.6 grams of ganja alleged to be seized can be part of the conspiracy ... he relied upon investigation of various investigation agencies

Order: The NCB argued that in their investigation, they came across statements by Arbaaz and Aryan, which implicated Aachit.

Order: Thool argued that the officers were overzealous and they did not produced Aryan Khan within 24 hours. The scheme is obvious. The Magistrate has to scrutinize the circumstances.

Order: The perusal of case diary discloses the search and seizure report and in view of that, he was arrested on October 6 at 1900 hours. If considering these documents, then the search and seizure and summons issued then..

Order: The fact of accused detention cannot be considered. As for remand the name of present accused was disclosed by Aryan Khan and that was the reason the NCB came into action from whom 2.6 gms is recovered

Order: It is a small quantity for consumption. For that purpose, there is no necessity to remand the accused to police custody.

Order: I do not want to discuss the fact with regard to the evidentiary value of the statement recorded by the accused as well as other accused.

Order: The fact to be considered is that his name was revealed during the course of the investigation ... whether he is part of a conspiracy or not is a matter of fact that needs to be investigated. Deciding that now will lead to pre-trial.

Order: Therefore the accused Aachit Kumar to be remanded till October 9.

ASG now starts arguments in relation to the remand of Aryan Khan.

ASG: Total 17 persons have been arrested. The NCB has arrested Aachit Kumar with recovery of contraband, Aachit Kumar has been named by Aryan Khan. There is a need for further investigation and confrontation of Aryan Khan.

In this case, several recoveries have been made from others as suppliers. Another attempt will be made today to contact more suspects as has been made for other accused.

ASG: Further on the basis of enquiry, considering the seriousness of the crime, custody is required. Investigation is at an imminent stage and the above respondents are required to be confronted.

Considering the allegations and the facts, the accused is required because after the last date, till today, the further development is that we have intercepted organizers and other persons.

ASG: I cannot segregate one person from another. It cannot be done. The purpose of the Act is to stop the gang forever.

ASG: I pick up one person and then he says, I have intermediate, others don't ... but the custodies have been given for different dates.

ASG: I don't want to trouble with the law, but Khan has filed for retraction of statement.

ASG: He had already retracted when he was produced on October 3, but the law is clear, that as far as retraction is concerned, it is a question at the stage of trial.

For the purpose of custody, it is not relevant. At the stage of trial, it surely is.

ASG: I am citing two judgments, these are judgments of the Bombay High Court. I am praying for further remand.

Maneshinde (for Aryan Khan): As far as my client's statement is concerned, I was arrested and picked up at the gate. I had no complaint to the officers.

Manishinde (for Aryan Khan): As far as this case is concerned, on the first day, I readily agreed for one more day of remand, thinking there will be some development. Apart from some more arrests, nothing more has happened.

Maneshinde (for Aryan Khan): As far as my interrogation that has taken place, it was connected to my stay abroad. Nothing else has been questioned.

Maneshinde (for Aryan Khan): If the arrested are picked up on my statement, any senior officer connected with my investigation would ascertain that it is the same person or that I have any association, but nothing has happened.

Maneshinde (for Aryan Khan): Yesterday, when they arrested Kumar, they should have confronted whether Merchand and Khan were related or not. They did not. The question of confronting should not be the only ground.

Maneshinde (for Aryan Khan): One more development is, the cruise organisers have been detained. They have arrested a foreign national with whom I have no connection so far. As far as my association is concerned, I can show.

Maneshinde (for Aryan Khan): I have a friend, Prateek, who introduced me to someone who was in touch with the organizers. He said I will be invited as VVIP. Only with that intention to add colour to the cruise, I went. There were 1,300 people and they have arrested only 17.

Maneshinde (for Aryan Khan): So the entire cruise is not connected to the passengers and as one of the persons from Bollywood ... but I am not connected to anyone .. There are chats between me and Prateek ...

Maneshinde (for Aryan Khan): Prateek is also a friend of Arbaaz. So he invited Arbaaz... Based on the aforesaid events, I reached the gate where Arbaaz was also there.

Maneshinde (for Aryan Khan): Before we could go to the ship, NCB asked us questions. When we started from the ship, they asked questions if I took drugs and searched my bags and my person. They found nothing.

Maneshinde (for Aryan Khan): They took my mobile instrument and then took me to the NCB office. I am not saying which pancha took me.

Maneshinde (for Aryan Khan): Officers interrogated me and took me under arrest. I have no connection to any of the organizers. I do not deny my friendship with Arbaaz but I am not connected with his activities. He himself says he came on his own.

Maneshinde (for Aryan Khan): They have interrogated me on the basis of my chats. Be that as it may, Aachit is the only person they have to confront me with, but that can be done anytime. That can be done even after I am granted bail.

Maneshinde (for Aryan Khan): They have not interrogated me for two nights. Why is custodial interrogation required now?

Maneshinde (for Aryan Khan): Why should custody be given? No confrontation was done as far as I am concerned. No drugs, nothing in my bag, nothing on my person, I did not tamper with phone.

Maneshinde (for Aryan Khan): Why would I not cooperate with the law? Apart from that, see the charges against me ... Section 8 (c), 27, 28, 29 ...

Maneshinde (for Aryan Khan): If NCB has not managed to unearth any controversy so far, then what are they going to do now?

Maneshinde (for Aryan Khan): Humble submission is that they keep saying that they have to reach the 'main accused.' He (Aryan) cannot be held hostage till they find the main accused.

Maneshinde (for Aryan Khan): Rest of the accused, I am not concerned with, so I will not make submissions about them.

Maneshinde (for Aryan Khan): As far as I am concerned and others are concerned, the remand application states that...

Magistrate: Remand application states that custody is required only of accused 1-3?

Maneshinde (for Aryan Khan): In any case, forget technicality, we have been longest in custody. Still, they have not progressed from a small quantity to more.

Maneshinde (for Aryan Khan): There is no allegation against me. Even if there is (an allegation) about supply of material, I have not purchased anything from him.

Maneshinde (for Aryan Khan): I know the ASG does not mean that we are involved in nefarious activities ... See the case diary and satisfy yourself, your Lord may realize that further custody is not required.

Adv Ali Kaashif Khan Deshmukh (for Munmun Dhamecha): I have no connection with the others, the allegations made .. I have not dealt with anyone before.

Deshmukh (for Munmun Dhamecha): One, Aachit Kumar has been arrested. When he got arrested, how, that is not my concern. What does the present accused got to do with him?

Deshmukh (for Munmun Dhamecha): This remand is silent on my part. Where is the justification for my custody?

Deshmukh (for Munmun Dhamecha): I went because someone asked me. Before that, while checking and screening, nothing was found on me, the CCTV footage.

Deshmukh (for Munmun Dhamecha): I am filing this application for CCTV footage of my detention. I am making this application under Section 91, CrPC

Deshmukh (for Munmun Dhamecha) refers to case of Satyajeet Desai Balubhai and ors.

Says this citation is with respect to remand.

Deshmukh (for Munmun Dhamecha): Till today, till the multiple arrests made, what have they found? Any incriminating chats? Based on this? They have taken my statement, they have interrogated.. what else is remaining?

Deshmukh (for Munmun Dhamecha): There were 1,300 people.. arrest them all then. If they want to know how they recovered these drugs ... I am filing a bail application for Dhamecha.

Magistrate: Same order will be passed for all.

Advocate Taraq Sayed Khan: Kindly see the panchnama.

Magistrate: Please argue why custody is not required ... because sections are all the same.

Sayed: Kindly see the panchnama. They arrest one, custody is made, then they arrest another, custody is given ...

Sayed: (Accused no.s) 1 and 2 - the case is that they are connected. But nothing from 1 (is recovered) and 5 gms (is recovered) from 2 - but they have no connection with anyone else.

Sayed: MDMA is found, cocaine is found... this is the case where multiple seizures were made, but that is enough for prejudice against us.

Sayed: We are in custody for five days. Is the NCB incompetent to find out the source for the 5 gms charas?

Sayed: Kindly see how this remand application is drafter. We will attempt to catch the other connected suspects. But how are they combining recoveries?

Sayed: What is the nexus between panchanama and remand? ... I have made an application to NCB to furnish me CCTV footage. Let them recover that. What is the need for custody now?

Sayed: As far as confrontation is concerned, confrontation takes how long? A matter of seconds ... It has been some days ... If then, CCTV is not found, I will plead guilty!

Lawyer for Vikrant: In the last 6 days, they are interrogating me and now it has progressed. Whether all this is there in the remand report?!

No, it (remand report) is silent on that.

Lawyer for Vikrant: In this case, they have pleaded that they want to unearth a larger conspiracy. But they have not been able to unearth the eight accused.

Counsel for Vikrant: They are all individuals and they have not been able to show connection. They have to show why custody is required.

Note: The lawyer referred to above is Advocate Ashish Raghuvanshi, appearing for Vikrant Chokkar.

Raghuvanshi (for Vikrant): What is to be investigated from me, why was this not done so far?

Raghuvanshi (for Vikrant): When the Court granted police custody for four days ... They cannot make the same rush for all accused and I may be granted Judicial custody now.

Adv Sartaj Shaikh appears for Mohak Jaswal: Nothing is stated in this remand as to how I financed this illicit trafick or harboured offenders. It is not their case that any further contraband has been found on me.

Shaikh (for Mohak Jaswal): Any further custody to confront Aachit is with the other co-accused. So what is my need? I am praying for JC.

Adv Kushal Mor for Gomit Chopra: No further investigation was conducted. One statement was recorded. There has been no investigation or interrogation. From the panchnama ...

Magistrate: But there was arrest memo after that

Mor: But the moment my movement is restricted, I am in detention.

Magistrate: I do not want to go into arrest definition.

Mor: But illegal arrest is important for remand.

Mor: I am pleading JC on this ground.

Adv Ayaz Khan for Ishmeet and Nupur: The first panchnama is for Vikrant, Ishmeet, Arbaz, Aryan and Gomit.

Khan: This started in the morning at 7 am, got over at 19.40 hours. The next is at room 603, where Nupur was apprehended and from that, there is an alleged recovery of four tablets of MDMA ... She was an isolated case.

Khan: The second panchnama started at 16.30 hours and concluded at 20.30 hours. The third panchnama is for Munmun after 20.30. All these panchnamas were concluded on the same date, Oct 2. So was I detained?

Khan: It is not the prosecution's case that they were let to go home. No! They were taken to the NCB office from the cruise.

Khan: The statement which I marked - she was having 4 pills, she bought it or was given the same by one of the co-accused.

Khan: He was also picked up from the cruise ... Kindly see remand now... there are three aspects. One is narcotic drugs, one is hashish, charas, ganja.

Khan: Second is psychotropic substance. Third is pills -which is neither hashish or ganja.

Khan: Kindly see the first point. NCB has arrested one more person, the said Aachit has been named .. etc etc.. This gentleman, Aachit is required to confront.. What is recovered from Aachit is 2.5 gms of ganja.

Khan: Ganja is something which is not recovered from anyone; if he was supplying ganja, then no other accused was found with ganja...

Khan: The remand says one or two accused are not concerned with anything... Nupur was identified and picked up.

Khan: All were in custody, all accused were produced. We cannot say one was arrested and other was in custody.

Khan: Look at CrPC, see Section 437, I am not arguing bail, but it is relevant. There is a proviso that is most important.

Khan: The court may also direct the person to be released on bail, provided that the accused person may be required for identifying. The court cannot refuse bail on that count. If court cannot refuse bail, then it should not extend PC also.

Khan: 'Nupur has given the name of the person, Aachit is supposed to be ganja supplier.' Either look at my statement, I have not given name of Aachit. Just because you have made a general statement.

Khan (for Ishmeet and Nupur): When the remand came for the second time, the only issue they pointed out was that the girl was booked for consumption.

Khan: The court opined that the accused needs to be given chance to show bonafides.. how far can I show bonafide? How can we show no connection?

Khan: We were not found with ganja, which Aachit is supposed to sell. We have been allegedly found with psychotropic substances.

Khan: Lastly, second, third remands before CMM were kept when there were mofussil courts for sake of convenience.

Khan: Aachit has no role to play, they have apprehended others for him.

ASG: The limited submission is, Maneshinde argued as others, as if it is the story that "nobody knows anyone, they are not connected and there is no conspiracy so why custody?"

ASG: Maneshinde said my client went there, he met Arbaz, was his friend, but met him there, and then they were intercepted. His submission is that he is innocent. In light of this, kindly see the statement..

ASG (referring to statement): I cannot read in open court, but milords may see it.

ASG: But see how he reached there, for that purpose this statement is shown. I am still investigating and on the basis of these statements, Aachit Kumar has been apprehended.

ASG: Kumar is a person, if not for Aryan Khan I wouldn’t have apprehended him.

ASG: It was a coincidence that on the 8 of them, drug was found.

ASG: From 12.30 onwards, we have raided the main suppliers. They have been arrested just now ... Sorry, he has been intercepted.

ASG: From October 3, entire group has been found.

ASG: I am investigating the main case, and from the main case, I am getting to know more persons. Recovery is not important, but knowledge is important, SC has said.

ASG: Yesterday we arrested Aachit Kumar, today we arrested a foreign national then today apprehended another person.

ASG: Without taking much time of the court, I want to say that I want custody. I do not want to segregate one person from another

ASG: I want to investigate them together and we are an agency and we will follow due process.

ASG: The question of these persons remaining at the same place is important.

Maneshinde (for Aryan Khan): The other day, in a piecemeal manner prosecution showed chats.

ASG: I will show the chats ...

Shreeram Shirsat with ASG: The last time I had shown...

Maneshide: When did you download the chats ..?

Maneshinde (for Aryan Khan): Chats are regarding football, football does not contain any drugs!

Maneshinde (for Aryan Khan): There is nothing on record to show that the 14-15 accused were connected. As far as chats with Aachit as concerned I have pointed out those chats.

Khan (for Nupur): Nupur was in 3603. (As far as) other girl is concerned, she was in 1974. This is a floating motel, people were partying on their own.

Khan: Ask the officer how many rooms were there, how much capacity was there.

Khan: If contraband is found in 4,5,6 rooms you cannot say "conspiracy."

Khan: There is one statement of one of the accused, with Aachit. The other accused cannot be ground with this accused. There is nothing in their statement.

Magistrate: He is saying that there is a criminal conspiracy and they had reason to be together.

Maneshinde: ASG has not appeared here, he only comes for such cases ..

Magistrate (laughs): And you are all saying it was individual ... I will consider...If it is over..?

Maneshinde: We are done!

(everyone laughs)

Court dictates Order: Accused 1-8 produced today at 4 pm, by VV Singh. There are no complaints. NCB prayed for accused custody till October 11.

Court dictates Order: Persused remand report and case diary and heard the counsel.

Court continues dictating Order: Maneshinde, Sayed, Deshmukh, Raghuvanshi, Lakshmi Raman, Sartaj Shaikh, Mor, Khan argued. And ASG Anil Singh for NCB.

Court is recording submissions and order excerpts referred to.

Court dictates Order: ASG submitted that there is criminal conspiracy. The name of Aachit Kumar was also mentioned. Abduk Kadar Shaikh and one foreign national were intercepted based on statements. But it was unsuccessful to intercept the supplier and another attempt will be made ... They argued that confrontation of accused with the intercepted foreign national and Aachit Kumar is necessary and hence PC is necessary.

Learned counsel for accused 1-8 has strongly objected to the custody. Maneshinde argued that except statement, nothing has been done. Mobile is with NCB. There is no reason to remand accused to custody. Remand report shows that presence of accused with NCB is not necessary as situation remains same as last existed. No further development was made. Remanding the accused to police custody is serious concern and IO is required to give reasons. Therefore, the accused cannot be made hostage, till the main culprit is found, they have prayed for judicial custody ... The same has been reiterated by other accused.

They (counsel for accused) further added that remand has been cleverly drafted so as to involve the accused in the conspiracy and the same cannot be considered in the absence of a specific role of accused.

Order continued: (recording submissions) The remand application states that the nexus has not been established. No progress is shown, no recovery is effected and whatever is alleged is seized.

In these circumstances, it is not fit for further remand, but only JC.

At this stage, one cannot accuse the accused that the individual recovery was effected. From some accused recovery was made, but there is no connection of one accused to another

The accused Aachit Kumar had ganja but that was not recovered from any other accused.

In view of Section 437 of CrPC, the Court is empowered the enlarge the accused on bail. Even if confrontation is required, then additional remand can be refused.

In view of Section 437 of CrPC, the Court is empowered the enlarge the accused on bail. Even if confrontation is required, then additional remand can be refused.

Further, they also want to confront accused no 9, and other accused, who were arrested on October 6 and remanded.

Order: After considering the date of arrest of these accused, even though it may be further considered and submission of the ld ASG may be considered as it is, the presence of the accused custody is not necessary is not considered ..

The accused statement recorded on October 3, led to Aachit's arrest ... And he was arrested on October 6, 2021

I do not want to go into the aspect as to why the officer needs so much time for arresting an accused. Considering the time of Aachit arrest, when Aryan and Aachit were in NCB custody, till production, nothing was investigated.

Further, he rightly argued that investigation details were required to be pointed out and the same do not reflect in the remand apart from him.

Considering the first remand of accused 1-3, and other remand of the accused, and the present remand report, it appears that, the investigation is made to the extent of arrest of co-accused.

So far as investigation of other accused, based on the statement of Arbaz and Khan, Aachit was arrested. The investigation is silent on other arrests

Order: Simply remanding the accused to NCB custody without reason is cogent ground for violating liberty.

Therefore on vague grounds in remand application, each accused cannot be granted extended custody.

ORDER contd.: NO custodial interrogation is required as sufficient time and opportunity was granted to NCB for investigation. Hence, they are remanded to judicial custody.

Maneshinde: I am moving bail application. Now we have a right to speak ... his interim bail application I have, given copy yesterday so that they can give reply

Maneshinde (for Aryan Khan): I have filed for bail and interim bail.

Magistrate: If you all co-operate, I am willing to hear all bail applications today. If they give a reply...

Maneshinde: They are working twenty-four hours.. let them file a written reply.

Magistrate: if the Act permits me to proceed with the trial, I will do that also

ASG: I am opposing the bail on maintainability. This court cannot hear.

Magistrate: File it today, I will hear it.

Maneshinde (for Aryan Khan): I have citations for his submission

Maneshinde: If the present petition applies for bail, then he can file for interim bail, then it has to be decided on the same day it is filed, pending the final bail.

Magistrate: I am not refusing..

Maneshinde: Reply or no reply, they have to hear

ASG: Bail application, interim one, this bail application is not maintainable. This is legal submission. If required I will file a detailed reply.

Maneshinde (for Aryan Khan): Why are they shying away from replying to my application when there is a mandate?

Maneshinde: Interim application has to be decided on the same day.

ASG: I am saying this is not maintainable... I will file a reply in writing...

Sayed: I can show it is maintainable, the punishment is 6 months...

Magistrate: That is the crux...

Sayed: We have served them advance copies...

Maneshinde (for Aryan Khan): He should be advocating for the liberty of the accused... Especially when they are seeking remand at 7 pm

Magistrate: Okay, tomorrow at 11 am.