Bombay, October 9
A district court does not have jurisdiction to consider an application for bail for an offense with a prescribed sentence of more than three years under the Narcotic Drugs and Psychotropic Substances Act (NDPS) because it is tried by a special court, an order dismissing the bail of Aryan Khan and two other people detained in the drug case on cruise ships said.
Additional Chief Metropolitan Magistrate (ACMM) RM Nerlikar rejected their bail requests on Friday.
In the 15-page order, details of which were made available on Saturday, ACMM said that “this tribunal ceases to have jurisdiction over bail applications” in view of section 36A and the fact that all all three were detained for a felony under various provisions. of the NDPS law for which the prescribed sentence was more than three years.
All alleged offenses are exclusively tried by the special court, further clarified its order.
Aryan Khan, son of Bollywood superstar Shah Rukh Khan, along with Arbaaz Merchant and Munmun Dhamecha were arrested on October 3 following the alleged seizure of banned drugs aboard a cruise ship off the coast of Mumbai.
They have been registered under various provisions of the NDPS Act and are currently in judicial custody.
So far, 18 people have been arrested by the Narcotics Control Bureau in connection with the incident.
The ACMM court noted that the investigation found that the allegations against all the defendants relate to consumption, sale and purchase, with an intermediate amount as well as a commercial amount of narcotic drugs and psychotropic substances. which would have been seized, for which the prescribed sentence is more than three years.
While lawyers arguing for the accused’s bail cited various previous orders, the ACMM court said such rulings were not helpful as the facts and circumstances of this case were within reach. de main, adding that the aforementioned decisions differed from each other.
“The same are linked to the powers of the Sessions Court and the High Court. Considering all these aspects, the bail applications filed by the accused are not sustainable in this court. The same must be rejected, ”he added.
When the case was heard earlier on Friday, Additional Solicitor General Anil Singh challenged the bail requests, saying the district court had no jurisdiction to hear such requests in the case.
A lawyer said Khan, Merchant and Dhamecha were likely to seek bail in the Sessions court on Monday.
The three and more took place after BCN raided a cruise ship bound for Goa on the evening of October 2.
Meanwhile, the district court sent Achit Kumar, who was detained on the basis of Khan and Merchant’s statement, to judicial custody on Saturday.
The NCB claimed that Kumar used to supply the duo with drugs. – PTI