Mumbai: Bollywood superstar Shah Rukh Khan‘s son, Aryan Khan has been denied bail by Mumbai’s magistrate court on Friday. This is in relation to the drugs case for which Aryan Khan was arrested on October 3 by the NCB (Narcotics Control Bureau). Aryan, who was sent to 14-days of judicial custody on Thursday, claimed in the magistrate court that ‘no material’ was recovered from him during the arrest. However, NCB argued that the case cannot be heard in the magistrate court. While the hearing went on for hours, Aryan’s bail plea was rejected as the court called it ‘non-maintainable.
What did the magistrate court say?
The Mumbai magistrate court rejected Aryan Khan’s bail plea by calling it ‘not maintainable’. The court said that it is ‘not appropriate to reserve the order’ and that it was not maintainable. The court also agreed with the NCB that since drugs were seized (even if not recovered from Aryan), a sessions court must hear the matter. Apart from Aryan Khan, the court also rejected the bail pleas of the other two accused – Arbaaz Merchant and Munmun Dhamecha.
What does ‘not maintainable’ mean?
The court rejected the bail application calling it ‘non-maintainable’. It was NCB that had raised this serious legal question in the court arguing that the applicant (Aryan Khan), without exhausting the remedy under Section 438 of Cr.P.C. before the jurisdiction Sessions Court, has directly approached this Court. This means that the forum chosen to seek bail was incorrect. Therefore, Aryan Khan will now have to file a bail application in the Sessions court. Till then, he will be lodged in Mumbai Arthur Road Jail.
Meanwhile, Satish Maneshinde, who represented Aryan Khan in the court argued that the NCB could have investigated all his connections in the days for which he was kept in its custody and there was no need for judicial custody in the matter. He also reiterated that nothing was found from Aryan Khan when NCB detained him. “They held me for seven days. Even if they want to say I will tamper with evidence, they should come with a positive case of how I will do it?” Manishinde said.
For the unversed, Aryan Khan was detained by NCB along with Merchant, Dhamecha and others on October 2 in an alleged rave party. They were arrested the next day.