A magistrate's court on Friday in Mumbai denied bail to Aryan Khan and two others in a case pertaining to the cruise ship drugs case. A court yesterday had denied the Narcotics Control Bureau (NCB) of India's request for additional custody and remanded Khan to judicial custody for 14 days.
Khan and seven others were arrested on Sunday after a high-profile drugs bust on a cruise ship late Saturday night. The NCB had recovered 13 grams of cocaine, 5 grams of MD (mephedrone), 21 grams of charas (small quantity), 22 pills of MDMA (ecstasy) (intermediate quantity), and Rs 1,33,000 were recovered from them at International Cruise Terminal, Mumbai.
Khan and the other accused will be held in a quarantine cell for three-five days at Arthur Jail, ANI reported jail Superintendent Nitin Waychal as saying.
CMM's court lacks jurisdiction: NCB
The Narcotics Control Bureau of India had objected to Khan's bail plea on the grounds that Chief Metropolitan Magistrate (CMM) RM Nerlikar did not have jurisdiction to hear the same. Only special sessions court has jurisdiction to hear such cases and not the Magistrate, the anti-drug agency argued.
The NCB argued that multiple accused in a case on the same FIR could not be segregated based on the recovery of drugs being recovered from one and not from the others. The recovery of drugs from the accused transfers the jurisdiction to a sessions court judge, the NCB argued.
"The jurisdiction of this court is within the confines of Section 36A of the NDPS Act. It is the prosecution's case that all persons arrayed in the crime are alleged to have committed offences exclusively triable by a special court of sessions," the NCB said.
The NCB relied on the Bombay High Court judgment in the Rhea Chakraborty case which said all offences under the Narcotics Drugs and Psychotropic Substances (NDPS) Act are non-bailable and cognizable in nature.
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