NCB gives clean chit to Aryan Khan, 5 others in cruise ship drug case

The NCB filed the chargesheet in the case today before Special Judge under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Mumbai:The Narcotics Control Bureau (NCB) has given a clean chit to Aryan Khan, son of Bollywood actor Shah Rukh Khan, and five other accused in the cruise ship drug case, due to lack of evidence against them.

The NCB filed the chargesheet in the case today before Special Judge under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

In the chargesheet, the special investigation team (SIT) of the NCB implicated 14 of the 20 accused while 6 accused including Khan are not being proceeded against due to lack of evidence.

The five accused, aside from Khan, who have been given clean chit are Avin Shahu, Gopal ji Anand, Samir Saighan, Bhaskar Aroda and Manav Singha.

“SIT carried out its investigation in objective manner. The touchstone of the principle of proof beyond reasonable doubt has been applied. Based on the investigation carried out by SIT, a complaint against 14 persons under various sections of NDPS Act is being filed. Complaint against rest 6 persons is not being filed due to lack of sufficient evidence,” a press release by the NCB said.

“Obviously glad that the legal principles have been rightly applied when deciding the question of filing of the complaint. Also glad that the department has had the courage and objectivity to do the right thing. Else sometimes one sees that once an arrest occurs a charge sheet follows as a matter of course. It is such situations which must make us ponder over the use of the power of arrest” Senior Advocate Amit Desai, who appeared for Khan told Bar & Bench.

Khan was taken into custody by the Narcotics Control Bureau (NCB) on October 2, 2021 after the NCB raided a cruise ship en route to Goa from Mumbai. Khan was arrested from the terminal to the cruise.

He was arrested for contravention of Sections 8(c), 20(b), 27, 28, 29 and 35 of Narcotic Drugs and Psychotropic Substances (NDPS) Act.

NCB has alleged that it has seized 13 grams of cocaine, 5 grams of mephedrone MD, 21 gram charas and 22 pills of MDMA ecstasy.

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

Subsequently, Khan moved the special court seeking bail, which came to be rejected on October 20.

He then moved the High Court in appeal which granted him bail on October 28, 2021.

Subsequently, most of the accused were also released on bail.