A Mumbai court, on October 8, denied bail to Aryan Khan - the son of Bollywood actor Shah Rukh Khan, and two others, in a case related to the seizure of banned drugs from a cruise ship.
The 23-year-old will remain in judicial custody at Arthur Road jail in Mumbai. Khan and seven others were arrested and sent to 14-day judicial custody on October 7.
Additional Chief Metropolitan Magistrate R M Nerlikar did not entertain the bail application on the grounds that he did not have the jurisdiction to hear the plea, legal news website Bar & Bench reported.
Additional CMM Nerilkar accepted the argument of the Narcotics Control Bureau (NCB) that only special court of sessions can hear the matter. The court then rejected the bail plea on the grounds that it was not maintainable.
The NCB argued that the bail plea should have been filed before a Special court assigned under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), Bar & Bench reported.
The NCB also cited a judgment made by the Bombay High Court in the Rhea Chakraborty case, which held that all offences under the NDPS Act are non-bailable and cognizable.
According to Bar & Bench, there are two legal remedies available for Khan:
> He can file an appeal against the Magistrate's order, which will lie before the Special Judge under the NDPS Act. This cannot be done till a copy of the detailed order is available. Since the hearings went on beyond court hours, the Magistrate only pronounced the operative part of the order.
> He can file a regular bail application before the Special Court at Sessions. However, this application cannot be made before Monday since the court will be closed on October 9 and 10.
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