MUMBAI: Seven months ago after two lower courts denied him bail-one of them considered the case on merits-it was Bombay high court that found no grounds in the Narcotics Control Bureau action against Shah Rukh Khan's son Aryan Khan and released him on bail. The HC order came days after the sessions court accepted the agency's contention of a criminal conspiracy showing Khan being allegedly in touch with people abroad who appeared to be part of an international ring linked to drug trafficking.
The same agency's special investigation team (SIT) on Friday gave the 24-year-old Khan a clean chit and dropped its case against him for lack of evidence, echoing the HC's observations. Justice Nitin Sambre of the HC had in his October 28 bail order said there was no evidence to show Khan, his friend Arbaaz Merchant or Munmun Dhamecha and other suspects had hatched a conspiracy to commit drug-related crimes.
Justice Sambre of the HC said," Merely because applicants were travelling on the cruise, that by itself cannot be termed as satisfying foundation for invoking provisions of Section 29 (conspiracy) against the trio." The HC noted that Khan and Merchant were not even subjected to a test to determine if they had consumed drugs.
On the other hand, the trial court of special NDPS Judge V V Patil had said Khan acted in conspiracy and hence section 29 (related to abetment and conspiracy) was invoked. It said Khan and Merchant "travelled together and they were apprehended together at the cruise terminal" and their voluntary statements said the six grams of charas found on Merchant was for personal consumption. According to the sessions court, "these things go to show that Khan was having knowledge of the contraband ..." which implied 'conscious possession'.
But the HC rejected the NCB's claim of any such conscious possession or its contention that "cumulatively commercial quantities" were seized from other accused, which constituted a conspiracy. The HC said there has to be some agreement or meeting of minds to show 'conspiracy'; here there was none. The HC said no drugs were found on Khan and the amount found on Merchant and Munmun Dhamecha was a "small quantity" which at best attracts up to a year's imprisonment; they had already been inside for almost a month.
As for the sessions court, it saw prima facie involvement of Khan in "grave and serious offences". But the HC found no such involvement and said "there has to be...basic material" as evidence.
