NDPS court says seizures 'not done by authorised officer' in Aryan Khan case

The alleged seizure of narcotic drugs from Nupur Satija, an accused in the drugs-on-cruise case, was "illegal" as it wasn't conducted by an authorised woman officer, a special NDPS Act court has said while granting her bail. The Narcotics Control Bureau (NCB) had arrested 20 persons including actor Shah Rukh Khan's son Aryan Khan after raiding a cruise ship off the Mumbai coast on October 2. Khan got bail three weeks later. Satija, a co-accused, was granted bail on October 30, but the detailed order became available on Saturday. The prosecution had claimed that four pills of 'Ecstasy' were recovered from her possession. Her lawyers claimed that an authorised woman officer, as mandated by the Narcotic Drugs and Psychotropic Substances Act, was not present during the seizure.

Special judge V V Patil said a female 'panch' witness had searched the accused, but "admittedly, there was no lady officer present and no panchnama was carried out by person authorised for that purpose". "Therefore there is breach of a provision the NDPS Act," the judge said, adding that she was entitled to bail on the ground of illegal seizure. On prosecution's claim of conspiracy, the court said considering the material placed on record it can not be said that prima-facie there was conspiracy and abetment, as alleged. The WhatsApp chats produced by the NCB were regarding "only consumption of contraband and not regarding sale, purchase or for any other use of contraband," the court said. n Aryan Khan turned 24 on Friday. Aryan was spotted leaving Mannat to visit the Narcotics Control Bureau's office on his birthday to make his weekly appearance as per the Bombay High Court orders. The Narcotics Control Bureau (NCB) on October 2 conducted a raid on Cordelia Cruises' Empress ship off the Mumbai coast. Aryan, along with several others was taken into custody during the 8-hour long raid. On October 3, he was arrested by the NCB on October 3. His bail application was rejected several times by both the magistrate court and the special NDPS court but he was finally granted bail by the Bombay High Court on October 28.