WhatsApp chats not enough proof that accused supplied drugs to Aryan Khan, says court

Granting bail to 22-year-old Achit Kumar, who was arrested in the drugs-on-cruise case by the Narcotics Control Bureau, a special court said that merely on the basis of WhatsApp chats, it cannot be gathered that he was a supplier to Aryan Khan and his friend Arbaaz Merchant. 

“…it is pertinent to note that though respondent (NCB) claimed that applicant (Kumar) is a supplier, respondent failed to bring on record specific evidence to show that applicant is dealing in the business of supplying the contraband. Except WhatsApp chats with accused no. 1 (Khan), there is no other evidence to show that the applicant was indulging in such activity. Merely on the basis of WhatsApp chats, it cannot be gathered that applicant used to supply contraband to accused nos. 1 & 2 (Merchant), especially when the accused no. 1, with whom there are WhatsApp chats of (the) applicant, is granted bail by Hon’ble High Court,” read the special court order made available on Sunday. 

Special Judge V V Patil granted bail to nine accused on Saturday, two days after the Bombay High Court allowed the bail application of Aryan Khan, Arbaaz Merchant and Munmun Dhamecha. 

In the order on the bail plea of five of the nine accused, the judge said that there is no evidence to prove that they were a part of the conspiracy. Earlier, while rejecting bails to Aryan, Merchant and Dhamecha on October 20, the special court had agreed with the NCB’s contention that the accused were linked by a “common thread”.

The NCB had arrested Kumar, allegedly with 2.6 grams of ganja, claiming that it had found WhatsApp chats from Aryan Khan’s phone. The agency claimed that Kumar was a drug peddler and part of the ‘ganja trafficking network’ in the city. 

The special court said that while the NCB had said that the aspect of conspiracy would be considered at the time of the trial, the agency needs to prima facie show if there is a case of conspiracy and abetment.

“So far as allegations of conspiracy are concerned, accused no. 1 & 2 with whom present applicant allegedly acted in conspiracy is granted bail by Hon’ble High Court. Hence Section 29 (conspiracy) cannot be said to be applicable to the present applicant,” the court said, adding that Kumar was entitled for bail on grounds of parity with the other two.