[BREAKING] Aryan Khan bail plea to be heard by Mumbai Sessions court on Wednesday

A Mumbai Sessions court on Monday said that it will hear the bail application filed by Aryan Khan, son of Bollywood actor Shahrukh Khan in the Cruise ship drug case, on October 13, Wednesday.

Special judge VV Patil who heard the matter on Monday posted it for consideration on Wednesday after Narcotics Control Bureau (NCB) sought time to file its response.

Senior Advocate Amit Desai and advocate Satish Maneshinde appearing for Khan, mentioned the matter before the judge seeking an early hearing, preferably today afternoon or on Tuesday.

Maneshinde said that he had served a copy of the bail application on the Narcotics Control Bureau (NCB) electronically and physically on Friday last week.

Special Public Prosecutor AM Chimalker representing the NCB said that investigation is ongoing and evidence is being gathered and NCB will require one week to file its response.

However, Maneshinde and Desai opposed the same.

They contended that there was no illegal substance recovered from Khan while also pointing out that granting bail will not stop NCB from conducting further investigation.

"Bail does not stop investigation. There was no recovery (of any contraband) from him. So far as this boy is concerned, he has spent 7 days in custody. There is nothing with him, no other material," said Desai.

It was also pointed out that the Magistrate had earlier rejected NCB plea for police custody and had remanded Khan to judicial custody. The bail plea was, however, rejected on the ground of maintainability only, it was submitted.

Desai, therefore, requested that the matter be heard on Monday afternoon or latest on Tuesday.

SPP Chimelkar, however, said that the facts stated by Khan's lawyers were not correct.

"Normally, NCB takes a week to file reply. The facts that they have been saying are not correct facts. The picture is not as rosy as it seems," he submitted.

Chimelkar, therefore, submitted that at least two to three days should be afforded to NCB to file its response.

"They had 2 days since Friday because the application was served (then). The NCB was working and making arrests as can be seen from the press reports," Desai retorted.

SPP Sethna Advait Sethna, also appearing for NCB, said that there is no urgency in the matter while also claiming that the bail plea was served on them only yesterday.

"With utmost respect to all lawyers and seniors, there is no urgency in this matter. We were only served with the (bail) application yesterday. My learned friend is fair in asking for 2 days. Normally we ask for 7 days," Sethna said.

The Court eventually said that it will hear the plea on Wednesday.

Khan was arrested by the Narcotics Control Bureau (NCB) on October 2, 2021 after the NCB raided a cruise enroute to Goa from Mumbai.

Khan was charged with offences under Section 8(c), 20(b), 27, 28, 29 and 35 of the Narcotic Drugs and Psychotropic Substances Act.

He had been remanded to NCB custody till October 4 which was extended till October 7, 2021.

Thereafter, he was remanded to judicial custody after which Khan immediately moved for bail, including an application for interim bail.

Additional Chief Metropolitan Magistrate RM Nerlikar had rejected the bail application, holding that the application was not maintainable as only special court of sessions is entitled to hear the bail plea.

In light of the order, Khan moved the special court under the NDPS Act seeking bail.