Cruise ship drugs case Mere presence can not prove involvement in conspiracy says court in bail order

Mumbai Oct 27 PTI Merely because he was present on a cruise ship from where drugs were allegedly seized it can not be said that he was in conspiracy with the other accused the special NDPS Act court here has said while granting bail to Avin Sahu Sahu was arrested alongwith actor Shah Rukh Khans on Aryan and others after the Narcotics Control Bureau NCB raided a cruise ship off the Mumbai coast and allegedly seized drugs on October 2 The role attributed to Sahu was different from that attributed to Aryan special judge for cases under Narcotic Drugs and Psychotropic Substances NDPS Act V V Patil said The court granted bail to Manish Rajgaria and Sahu on Tuesday The detailed order on Sahus plea became available on Wednesday that on Rajgarias plea was yet to be made available Aryan Khans bail plea is being heard by the Bombay High Court after the special court refused him relief earlier As per the NCB Sahu and Rajgaria were among the guests on the cruise ship Special public prosecutor Advait Sethna had contended that all the arrested accused 20 until now were connected to each other and offenses under sections 28 and 29 punishment for abetment and criminal conspiracy of NDPS Act were clearly made out But Sahus lawyer Sana Raees Khanthe argued that her client had been falsely implicated The judge noted in the order that the NCB failed to produce any evidence to show that Sahu was in contact with the other accused He has not disclosed the name of any accused or peddlers he has no connection with drug peddlers the court said The prosecution failed to point out any circumstances to show the nexus of the applicant Sahu with any co-accused to prima facie make out the ingredients of the conspiracy the special court said Merely because applicant was present on the cruise he can not be said to be having acted in conspiracy with co-accused it added The prosecution had contended that the courts reasoning while rejecting the bail applications of Aryan Khan Arbaaz Merchant and Munmun Dhamecha holding that there was an element of conspiracy was applicable here too But the court disagreed There is no evidence against the present applicant in respect of conspiracy Therefore merely because bail applications of co-accused are rejected bail application of the present applicant can not be rejected by applying same analogy the judge said PTI AVI KRK KRK

nyoooz

October 27, 2021

National

3 min

zeenews

Mumbai Oct 27 PTI Merely because he was present on a cruise ship from where drugs were allegedly seized it can not be said that he was in conspiracy with the other accused the special NDPS Act court here has said while granting bail to Avin Sahu Sahu was arrested alongwith actor Shah Rukh Khans on Aryan and others after the Narcotics Control Bureau NCB raided a cruise ship off the Mumbai coast and allegedly seized drugs on October 2 The role attributed to Sahu was different from that attributed to Aryan special judge for cases under Narcotic Drugs and Psychotropic Substances NDPS Act V V Patil said The court granted bail to Manish Rajgaria and Sahu on Tuesday The detailed order on Sahus plea became available on Wednesday that on Rajgarias plea was yet to be made available Aryan Khans bail plea is being heard by the Bombay High Court after the special court refused him relief earlier As per the NCB Sahu and Rajgaria were among the guests on the cruise ship Special public prosecutor Advait Sethna had contended that all the arrested accused 20 until now were connected to each other and offenses under sections 28 and 29 punishment for abetment and criminal conspiracy of NDPS Act were clearly made out But Sahus lawyer Sana Raees Khanthe argued that her client had been falsely implicated The judge noted in the order that the NCB failed to produce any evidence to show that Sahu was in contact with the other accused He has not disclosed the name of any accused or peddlers he has no connection with drug peddlers the court said The prosecution failed to point out any circumstances to show the nexus of the applicant Sahu with any co-accused to prima facie make out the ingredients of the conspiracy the special court said Merely because applicant was present on the cruise he can not be said to be having acted in conspiracy with co-accused it added The prosecution had contended that the courts reasoning while rejecting the bail applications of Aryan Khan Arbaaz Merchant and Munmun Dhamecha holding that there was an element of conspiracy was applicable here too But the court disagreed There is no evidence against the present applicant in respect of conspiracy Therefore merely because bail applications of co-accused are rejected bail application of the present applicant can not be rejected by applying same analogy the judge said PTI AVI KRK KRK

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