The Narcotics Control Bureau formally arrested Aryan Khan, son of Shah Rukh Khan with Munmun Dhamecha and Arbaaz Merchant in relation with the NCB raid carried out on a Mumbai-Goa cruise.
Khan along with seven others had been detained by NCB for inquiry and interrogation in the case since early hours of Sunday.
The three arrested will be produced before Holiday Magistrate RK Rajebhosale shortly for hearing of remand application.
Live updates on the hearing here.
Aryan Khan and two others have been produced in Court.
Hearing begins. Advocate Maneshinde requests for a meeting with Khan for a few minutes. Court allows.
Advocate Sethna: Remand application has been submitted. There are three persons.
Aryan is #1, Arbaaz is #2 and Munmun is #3.
Adv Sethna: This arises out of special operation of NCB on a cruise from Mumbai to Goa with 22 members posing as passengers. This entire operation came to be unearthed.
Adv Sethna: Total recovery is 13 gms cocaine, 5 gms mefedrone, 21 gms charas, 22 mdma ecstasy and ₹1.33 lakh in cash. This is quantum of recovery after a day’s enquiry.
Adv Sethna: Some are produced today, some will be produced shortly in a day or two.
There are 8 persons apprehended by specialised team for suspicious transactions constituted under NDPS Act. This is nascent stage hence we have used suspicious transactions.
Adv Sethna: I am seeking a humble 2 day reasonable custody. NCB has apprehended a supply person so NCB needs to find out the contact and link. There is link shown through WhatsApp chats.
On the basis of interrogation, NCB is conducting a new raid operation, we want to confront them with each other.
Adv Sethna: The seriousness I will tell you. The revelation from the respondents have to be made about the known and unknown. Hence, custody till October 5 may be granted.
Adv Sethna: I am not venturing into the merits of the case. I am only here requesting based on circumstances. The quantum of contraband is significant.
Adv Sethna: The other side may say the offences are bailable. Even if offences are bailable these people, whatever information is available, custodial interrogation is required.
Adv Sethna: WhatsApp chats have been recovered. Let us do our work. Only reasonable time of 2 days so that we can consolidate proper data with the other apprehended person.
Adv Sethna shows State v. Dharampal judgment of the Supreme Court.
Adv Sethna: I am saying that what I am asking today will facilitate my investigation.
He shows State v. Anil Sharma.
Adv Sethna: Thus, as mentioned, it is evident that police custody is essential for proper investigation so as to ensure that the investigation does not remain raw.
Adv Sethna: My learned friend may have a fine case on bail and I am using the word may because things here will travel faster considering there is media.
But for the aforementioned factors I am seeking custody.
Advocate Sartaj appears for Merchant and Dhamecha. Maneshinde begins submissions for Khan.
Maneshinde: My learned friend has continuously said that the offences are bailable. I would have filed for bail, but the court is only sitting as today is Sunday.
Maneshinde: My client was invited by the organisers. He had no boarding pass. Nothing was found with him. Subsequently his mobile instrument was examined. Nothing was found in subsequent tests.
Maneshinde: According to department, nothing has been found on him, or him having consumed anything. Though nothing has been found on him, they will carry out new raid.
Maneshinde: Particularly because they have been treating me well- no coercion, no demand, though nothing has been unearthed, I am willing to agree for one day NCB custody. So that he can approach the appropriate special court for bail.
Maneshinde: Even if I file for bail today, they will seek time for reply which will not serve my purpose, so My Lord my allow one day custody.
Maneshinde: All the sections that are levied against me have no embargo under Section 37. One day custody will suffice.
There is no possession, no consumption and no contact with any other person.
Adv Sartaj submits: There is nothing to show in the remand what was seized from which person.
So, police remand for bailable offences will be unfair. I am requesting for judicial custody and hear my bail application.
Adv Maneshinde: One correction in my submission, there is a notification that Milords can hear my bail application.
Adv Maneshinde: I am filing for my bail application.
Adv Sartaj files for retraction of the statement of Section 67 of NDPS Act.
Court orders NCB remand till October 4, 2021.
Maneshinde: My bail application may be kept on October 4, I have filed here.
Court: You file before regular court only.
Maneshinde requests to speak to Khan before tomorrow.
Court: Whatever medications are required be given.