Only WhatsApp chats cannot be considered as proof of drugs supply: Court
Mumbai : Announcing bail to Aachit Kumar, a 22-year-old studying in London and an accused in Mumbai cruise drug bust case, a special NDPS court said that mere WhatsApp chats cannot be taken as a proof that he used to supply contraband to Aryan Khan (23) and Arbaaz Merchant (26), especially when Khan, with whom he chatted, has already been granted bail by the Bombay high court.
Aachit Kumar was granted bail by the court on Saturday; a detailed copy of the order was made available on Sunday. He was arrested on October 6 after his chats were disclosed from Aryan Khan’s mobile phone.
His advocate Ashwin Thool had argued that “he is a young boy” studying in London, and objected to him being termed 'peddler'.
The court said it found substance in Thool’s arguments. Rejecting the prosecution’s submission that Kumar was Khan and Merchant’s 'ganja supplier', special judge V V Patil said, "...respondent (Narcotics Control Bureau) failed to bring on record specific evidence to show that applicant (Kumar) is dealing in business of supplying the contraband."
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The judge added: “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 no.s 1 & 2 (Merchant), especially when the accused no. 1, with whom there are WhatsApp chats of applicant, is granted bail by the HC.”
The special NDPS court also noted that Aryan Khan and Arbaaz Merchant have already been given bail by the Mumbai High Court, so the conspiracy charges against him are not applicable. It added that since Khan, Merchant and Munmum Dhamecha (28) were granted bail by the HC on Thursday, Kumar too was entitled to bail on the grounds of parity.
