Alleged drug supplier of Aryan Khan gets bail over lack of evidence

A special Narcotic Drugs and Psychotropic Substances (NDPS) Act court that granted bail to the alleged drug supplier of Aryan Khan and Arbaaz Merchant in the cruise liner drug seizure case has observed that barring his statement there is no prima facie evidence to show that he was the supplier of the contraband. “Therefore, contention of the prosecution cannot be accepted that applicant is peddler and that he supplied contraband to accused no 2 (Merchant),” special judge VV Patil said. Santacruz resident Shivraj Harijan (33) was arrested on October 9 on the basis of Merchant’s alleged statement and 62 grams of charas was allegedly recovered from him. While Harijan was granted bail on Monday, the detailed order copy was made available on Friday.

The court also said that considering the material placed on record, it cannot be said that prima facie there is conspiracy and abetment, as alleged by the prosecution. Harijan’s bail plea argued by advocate Sandeep Sherkhane said that the panchanama was false and misleading and cannot be relied upon. He also submitted that the drugs allegedly seized were of a small quantity.The Narcotics Control Bureau had alleged that Harijan’s name cropped up during interrogation of Merchant and from Harijan they recovered 62 grams of charas near Rajesh Khanna Garden in Santacruz (west). He’s the 16th accused to be granted bail in the case. The court, however, said, “In the case at hand, though prosecution claimed that applicant is peddler and he used to supply contraband to accused no 2, prosecution failed to bring on record any cogent evidence in that regard. ”The court said that except statement of co-accused, there is no prima-facie evidence to show that Harijan committed offences, as alleged by the prosecution. “Further, as argued on behalf of the applicant, the alleged recovery of 62 gm of charas is non-commercial quantity and rigours of sec 37 would not apply,” the court said.