Then you don’t know the law’ – ASG schooled a counsel on Maintainability of bail application during Cruise Drug Raid Case

On October 7th, 2021 the Mumbai court started hearing the bail application of 3 accused Aryan Khan, Arbaaz Merchant and Munmun Dhamecha, who were arrested on 3rd of October from a Cruise Ship, Cordelia, heading to Goa from Mumbai International port following a NCB (Narcotics Control Beuro) raid.  After subsequently being produced in a court within 24 hours of their arrest they were sent into  NCB custody as ordered by court.

Cruise Ship Drug Raid (source-Instagram)

The October 5th, Counsel of accused 1, Aryan Khan opposed the NCB custody and prayed for Judicial Custody.  And the 3 accused were sent to judicial custody till October 7th, 2021.

Famous criminal lawyer Mr. Satish Maneshinde who has had previously represented Sanjay Dutt, Salman Khan and very recently Rhea Chakraborty in Sushant Singh Rajput case is now representing Aryan Khan, son of bollywood superstar Shahrukh Khan. 

Counsel Taraq Sayed  is representing accused no. 2, Arbaaz Merchant and Ali Kashif Khaan Deshmukh is for Munmun Dhamecha. 
On 7th of October  the bail hearing of Aryan Khan and 2 others started in the Mumbai Court.

ASG Anil Singh was representing NCB with, Special public prosecutor Advait Sethna. One of the consel, Ashwin Thool representing another accused Achit kumar, is a junior of Mr. Maneshinde and a former student of SPP Sethna at Govt. law College, Mumbai. 
During hearing of bail and maintainability of the bail application, ASG argues that The Rhea Chakraborty case is more recent by SC and it held that  all offences in NDPS Act are non bailable. And in the remand order of Oct 4, this court, Metropolitan Magistrate held the same and hence the accused can’t say now that offences are not non-bailable. 
ASG further argues that NCB have arrested suppliers, organizers and even Achit kumar. It’s not like they are new to contraband. So it is not a matter of coincidence. 

Maneshinde argues that he is not saying offence is bailable. Bailable or not, assuming they are non-bailable, his submission has been on all judgements. 

ASG Anil Singh argues that the bail application is not maintainable in this court because there’s a special NCB court where they (the accused) can approach for bail. Citing Justice Dangre which Mr. Maneshinde cited for bail, ASG makes it clear that even in that judgement it says that you have to go to concerned court. If the court can not grant regular bail then interim bail can’t be granted. 

He further argues that whenever application is made for bail, even interim bail is sought for, it should go before the regular court. 
They need to first cross the hurdle that this application is maintainable here, and then they can proceed for bail. 

Adv. Taraq Sayed for accused 2, comments that it’s unheard of , to which ASG replies-

This is heard of, then you don’t know the law.

ASG Anil Singh

Also Read: Indian IT Laws(2021) Vs US Tech-giants

ASG, arguing on Merits of the case says that Mr. Maneshinde relied upon Stephen Muller case, that this offence comes under Stephen but he will rely on Rhea Chakraborty case.  Maneshinde comments- by staring at me, I’m not going to get scared. It’s not personal.

Maneshinde argues that Stephen Muller says that if there’s embargo, only then bail can be rejected,. But that is the law. Section 36A of the NDPS Act makes it obligatory for all trials before NCB court. 

Later the court rejected the bail application as not maintainable. 

(Today on Oct 11, 2021, Sr. Advocate Amit Desai along with Mr. Maneshinde for Aryan Khan is before session court in Mumbai for bail application of the accused, and special public Prosecutor AM Chimalker, Advait Sethna for NCB before Mumbai session court). 

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