Aryan Khan arrested :: son of Shah Rukh is one of the eight people being questioned after Narcotics Control Bureau raided a ship

law has taken its course....law shud take its course

What is the punishment under NDPS Act? 

Section 27 - Prison time for 1 year or fine of 20,000 or both

Section 20B - 10-20 years + 1 -2 Lakhs rupee fine.

NCB busts high profile drug cartel in Mumbai : Shah Rukh's son, 2 more arrested

New Delhi: At the height of social media outbursts and strong media reactions to the arrest of celebrity son Aryan Khan, the most sensible remark on Sunday perhaps came from a former DGP of Uttar Pradesh, Vikram Singh.

"Investigation into drugs cases is a very complicated affair. I compliment NCB for a very skillful seizure and arrest in this case," he said.

This sums up the multi-pronged challenges. But it is only a tip of the ice berg. 

No sooner the news came about detention and questioning of actor Shah Rukh Khan's son and seven others; the eco system started making noise.

Bollywood actor Sunil Shetty jumped in. "Give the child a chance. Let the truth come out. It is our responsibility to take care of the child," he said.

This is not the first time such heightened reaction has been staged vis-a-vis drug related cases involving celebrities especially Bollywood. In 2020, no less than the influential Jaya Bachchan, a Samajwadi MP, told Rajya Sabha: "Just because there are few people (allegedly involved in drugs), you cannot tarnish the entire (Bollywood) industry".  

 

The real challenge in handling drug cases is precisely this. The business is too high profile

and involves huge money and thanks to operatives, there is strong terror element in it.

The Case per se

The Narcotics Control Bureau (NCB) on Sunday arrested three persons—Shah Rukh Khan’s son Aryan Khan, Arbaaz Merchant and Munmun Dhamecha — after they were questioned in the wake of a raid on a cruise ship off Mumbai coast.

Son of megastar Shah Rukh, Aryan is 23.

The Twitteratis have, however, not missed the point. Many point out Aryan is not a young boy or a teenager, who might have committed some mistakes. He is 23- means it is five years since he has crossed 18-year age boundary.

Moreover, the nation is still fresh with proud achievements of Neeraj Chopra, who brought Gold from Tokyo Olympics. He is also 23.

Hence, people of India expect the law to take its course. Some of it has been traversed certainly.

Under Narcotics laws, any 'confession' before a NCB official is admissible unlike normal police case. So, it could be a very strong case. 

The manner the offence took place shows things were organised under some planning.

A New Delhi-based event management house was to organise the so called 'rave party' in the ship Cordelia.

The NCB officials claimed that a few days back they had received inputs about the rave party being organised in the passenger cruise ship which was to leave for Goa on Saturday (Oct 2) evening.

As many as 20 NCB officials booked tickets and boarded the cruise disguised as passengers.

As per NCB, they have found cocaine, mephedrone, MDMA and ecstasy from the ship.

According to the arrest memo Aryan Khan has been arrested under sections 8 (c), 20(b), 27, 

and 35 of the NDPS Act. 

What is the punishment under NDPS Act?

 

Section 27 - Prison time for 1 year or fine of 20,000 or both

Section 20B - 10-20 years + 1 -2 Lakhs rupee fine.

Now over to the legal process and how strongly NCB finally decides to fight the case.

Making things worse and more complicated, Director-General of Shipping, Amitabh Kumar, 

has been quoted in media as saying that that Cordelia did not have a licence.

“This cruise ship Cordelia is not licensed under the Merchant Shipping Act". 

As it is, the government knows pretty well the gravity of Narco challenge.

Only recently, a Kerala Bishop triggered a row by talking about Narco Jihad. 

As it is, the Narco money is already being used in India to foment various 

anti-government and anti-national protests and agitation, sources say.

ends 

  

According to the arrest memo #AryanKhan has been arrested under sections 8 (c), 20(b), 27, & 35 of NDPS act,1985.

Drug abuse in Bollywood made news in 2020 also.

Jaya Bachchan had rather angrily told Rajya Sabha: "Just because there are few people (allegedly involved in drugs), you cannot tarnish the entire (Bollywood) industry".  

(refer the old link)

My Open Letter to Jaya Bachchan

The Narcotics Control Bureau (NCB) on Sunday arrested three persons—Shah Rukh Khan’s son Aryan Khan, Arbaaz Merchant and Munmun Dhamecha—after they were questioned in the wake of Saturday night’s raid on a cruise ship off Mumbai coast.

Son of megastar actor Shah Rukh and producer Gauri Khan is one of the eight people being questioned after the Narcotics Control Bureau raided a ship. Khan was arrested under the Narcotics Drugs and Psychotropic Substances Act. 

Some issues and facts related to NDPS Act: 

Arrest in connection with seizure of 13 grams of cocaine, 5gms of MD(mephedrone), 21 grams of charas, 22 pills of MDMA (ecstasy) and Rs 1,33,000.  

WHAT IS THE PUNISHMENT FOR POSSESSION/USE OF DRUGS UNDER NDPS ACT?

Punishment prescribed under the NDPS Act is based on the quantity of drugs seized. Following amendments, it “grades punishment into three categories depending on the quantity of drugs seized".

The law provides for judicial discretion as far as the severity of punishment is concerned.

To take the example of cannabis, the punishment for the cultivation of any cannabis plant may extend to rigorous imprisonment for up to 10 years and can also involve a fine which may extend to Rs 1 lakh. 

Possession of a commercial quantity of cannabis is to be punished with rigorous imprisonment for a term that “shall not be less than 10 years but which may extend to 20 years" while a fine “which shall not be less than one lakh rupees but which may extend to two lakh rupees" can also be imposed with the court authorised to also “impose a fine exceeding two lakh rupees".

Under Section 27, the Act also deals with punishment for consumption of “any narcotic drug or psychotropic substance", laying down that when the drug consumed is “cocaine, morphine, diacetylmorphine or any other narcotic drug or any psychotropic substance".

The punishment would involve “rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees".

For any other drug not included in the above list, the punishment will be for up to six months, and can include a fine of up to Rs 10,000.

Officials say possession of up to 1kg is termed “small quantity" of cannabis with “commercial quantity" involving a seizure of 20kg or more. 

For “charas/hashish", small quantity is up to 100gm while commercial quantity is 1kg or more. Separate small/commercial quantity thresholds have been prescribed for the various drugs banned under NDPS Act.

It all happened in this boat

This particular case

The NCB officials claimed that a few days ago they had received inputs about the rave party being organised in the passenger cruise ship which was to leave for Goa on Saturday evening. 

As many as 20 NCB officials booked tickets and boarded the cruise, Ship Cordelia, disguised as passengers. 

As per NCB, they have found cocaine, mephedrone, MDMA and ecstasy from the cruise ship. They are yet to determine the quantity of the drugs seized, which will determine the sections that could be invoked in the case.

Cruise ships must get a licence for their operations.

Director-General of Shipping Amitabh Kumar has been quoted in media as saying that that Cordelia did not have a licence.

“This cruise ship Cordelia is not licensed under the Merchant Shipping Act. The operators had applied for the licence. There were some deficiencies and the licence was not given,” he said. (Indian Express) 

Reports say, some passengers got special pockets sewn to their clothes to allegedly evade security checks and smuggle the drugs aboard. 

One of those held allegedly hid the drugs in the heel of his shoe. 

The passenger entry for cruise ships is through the Green Gate at Ballard Pier. The security at the gates is manned by the CISF and Bombay Port Trust.

Executives of Waterways Leisure Tourism, which owns Cordelia, cannot carry out searches on passengers and it was the responsibility of the security forces to check passengers before being allowed onto the ship, reports said. 

A “welcome’ brief that was sent to passengers detailing the program on the ship and the dos and don’ts also stated that narcotics are not allowed aboard.