Aryan Khan drugs case: No bail plea in NDPS offenses with sentence of more than 3 years jurisdiction, says Magistrate Court – Times of India

A magistrate’s court has no jurisdiction to entertain a bail application for an offense with a prescribed sentence of more than three years under the Narcotic Drugs and Psychotropic Substances (NDPS) Act as it is triable by a special court, whose orders Accordingly, bail is granted. argument of Aryan Khan And two others, who were indicted in the cruise ship drugs case, were dismissed. Additional Chief Metropolitan Magistrate (ACMM) RM Nerlikar rejected his bail plea on Friday.

In a 15-page order, the details of which were made available on Saturday, the ACMM said, “This court terminates its jurisdiction to entertain applications for bail” considering Section 36A and the fact that All three were held for an offense under various provisions. NDPS Act for which the prescribed punishment was more than three years.

His order further states that all alleged offenses are specifically triable by a special court.

Bollywood superstar’s son Aryan Khan Shahrukh Khan, As well as Arbaaz Merchant and Munmun Dhamecha were arrested on October 3 following the alleged seizure of banned drugs on a cruise ship off the Mumbai coast.

They have been booked under various provisions of the NDPS Act and are currently in judicial custody.

So far 18 people have been arrested Narcotics Control Bureau in relation to the incident.

The ACMM court observed that the investigation revealed that the charges leveled against all the accused pertain to consumption, sale and purchase, as well as commercial quantities of narcotic drugs and narcotics being allegedly seized, for which the punishment exceeds the prescribed. three years.

The lawyers arguing for bail for the accused referred to various previous orders, the court of ACMM said such judgments were not useful as the facts and circumstances of the present case were at hand, adding that the cited supra judgments are inconsistent with each other. were different.

“These pertain to the powers of the Court of Session and the High Court. Considering all these aspects, the bail applications filed by the accused are not maintainable before this court. They need to be dismissed,” he said.

When the matter came up for hearing earlier on Friday, Additional Solicitor General Anil Singh, challenging the bail pleas, claimed magistrate Court In this case there was no jurisdiction to hear such applications.

Khan, Merchant and Dhamecha are likely to move the sessions court for bail on Monday, a lawyer said.

All three and others were held after NCB On the evening of October 2, a Goa-bound cruise ship was raided.

Meanwhile, on Saturday, the Magistrate Court sent Achit Kumar, which was kept in judicial custody based on the statements of Khan and Merchant.

NCB has claimed that Kumar used to supply drugs to both of them.

.

Leave a Reply