Drugs case: Mere WhatsApp chats not proof of drug supply, says court

MUMBAI: While granting bail to

Aachit Kumar

, a 22-year-old studying in London and an accused in the cruise liner drug bust case, a special NDPS court has held that merely on the basis of WhatsApp chats, it cannot be gathered that he used to supply contraband to Aryan Khan (23) and

Arbaaz Merchant

(26), especially when Khan, with with whom he chatted, has already been granted bail by the Bombay high court.

While Kumar was granted bail on Saturday, the detailed order was made available on Sunday. Kumar was arrested on October 6 on the basis of Khan’s now-retracted statement. The prosecution had submitted that though Kumar was found with a small quantity of 2.6gm of ganja, his role was that of a supplier.



Kumar’s advocate

Ashwin Thool

had argued that “he is a young boy” studying in London, and objected to him being termed ‘peddler’. He further said that there was nothing to show that there was any conspiracy between

Khan

and Kumar.



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.”

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 said that as Khan and Merchant, with whom Kumar allegedly acted in conspiracy, have been granted bail, the conspiracy charge was not applicable to him. 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.

Thool had submitted CCTV footage from Kumar’s Powai building and argued that he was illegally detained before he was formally shown as arrested. The court said: “So far as contention of the applicant regarding grant of bail on the ground of illegal detention is concerned, I do not think it necessary to go into the aspect...Since otherwise, the applicant is entitled to be released on bail.”