Every youtuber, Islamist and news anchor has suddenly become expert on law ever since Movie Star of bygone era, Shah Rukh Khan’s son Aryan Khan has been arrested by Narcotics Control Bureau. The Government of Maharashtra or rather Nationalist Congress Party (NCP) has come out openly in support of Aryan Khan. Maharashtra Police is shadowing the head of NCB and he had to complain to the Director General of Police, Maharashtra.
If you scroll back or search for tag ‘Dalda’ you will know that this was on drugs had started last year and due notice was given to movie stars by summoning them to the office of NCB for interrogation. It was a good subtle way of warning. It appears that Shah Rukh Khan or his son or both did not get the message.
Returning back to the legal aspect, Narcotics Act require a special conditions for release of an accused on bail. The judge has to be satisfied about two additional conditions. Read the following section 37 of NDPS Act:
37. Offences to be cognizable and non-bailable.—(1) Notwithstanding anything contained in the(Narcotic Drugs and
Code of Criminal Procedure, 1973 (2 of 1974),—
(a) every offence punishable under this Act shall be cognizable;
(b) no person accused of an offence punishable for 3 offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless—
(i) the Public Prosecutor has been given an opportunity to oppose the application for such
(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are
reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail
Psychotropic Substances Act, 1985)
Have you noticed the conditions? These are:
- there are reasonable grounds for believing that he is not guilty of such offence
- he is not likely to commit any offence while on bail.
Propaganda is being raised on the ground that there is no recovery of drugs. Actually that is bad news for Aryan. More bad news is that he was in touch with multiple drug dealers and was allegedly a de facto ‘dealer’ by conduct.
The questions for the judge are therefore not easy questions. The stupid and universal victim card on the ground of religion will not help. This is the kind of case where the must be under tremendous pressure and this is the day judges are trained for. Therefore if the judge falters in passing the order, it will not be a mistake alone.
Naturally the Judge is taking time. It is for this reason the judge has fixed 20th October 2021 as next date for hearing after studying the whatsapp chats and other material before it. Only then can judge satisfy his conscious that accused is not guilty and would not indulge in drugs alone.
One thing is clear that Dalda wields tremendous power in Maharahtra Government and especially in NCP faction.