NDPS court accuses NCB of submitting WhatsApp chats as evidence of drug supply, grants defendant bail

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Aryan Khan case | Photo credit: Times Now

Highlights

  • On October 6, Aanchit Kumar was arrested by the BCN in connection with a drug case involving Aryan Khan, the son of Bollywood actor Shah Rukh Khan.
  • BCN claimed that Kumar supplied drugs to Aryan Khan and his friend Arbaaz Merchant, who was also one of those arrested in the case.
  • The NCB produced WhatsApp conversations between Kumar and Aryan Khan as evidence of drug supply.

Bombay: Observing that simple discussions on WhatsApp do not prove drug trafficking, a special NDPS tribunal granted bail to Aachit Kumar who was arrested by the Narcotics Control Bureau for allegedly supplying drugs to his co-accused Aryan Khan, son of Bollywood actor Shah Rukh Khan, and Arbaaz Merchant in the Cordelia Cruise drug trafficking case.

Based on Khan’s statement, the BCN arrested Kumar, a 22-year-old student, on October 6 on charges of drug trafficking. The Federal Anti-Narcotics Agency even claimed to have seized 2.6 grams of charas from Kumar’s house. In court, BCN produced WhatsApp chats as evidence to prove Kumar supplied drugs, Mirror now Reports by Shivani Mishra.

The court, however, disagreed with the BCN over the use of WhatsApp chats as evidence of drug supply. The court ruled: “Only on the basis of WhatsApp chats [between Kumar and Khan], we cannot deduce that [Kumar] had supplied drugs.

Kumar also has the right to be released on bail, NDPS court says

The court arrested the Federal Anti-Narcotics Agency for failing to collect specific evidence to prove the charges against Kumar. In addition, he considered that Aryan and Merchant had been released on bail in this case, Kumar also had the right to be released on bail, Mirror now Radhika reports.

Lead attorney Majeed Memom said: “On day one, I suggested that this WhatsApp evidence was too weak… It can only be accepted in a trial if it is supported by substantial corroborating evidence.”

It can be noted that of the 20 people arrested in the cruise drug trafficking case, 14 have been released on bail so far. While Aryan, Arbaaz and Munmun Dhamecha were released on bail by the Bombay High Court, the others were released on bail by the NDPS court.

Meanwhile, BCN officer Sameer Wankhede, who led the drug smuggling operation, is embroiled in an “extortion” controversy. An independent witness in the case and a few politicians, including Nawab Malik, claimed that Aryan Khan was trapped in the “fake” case to extort money from his father, Shah Rukh Khan.


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