The interpretations made by the Narcotics Control Bureau (NCB) regarding WhatsApp chats between Aryan Khan and Arbaaz Merchant are wholly "unjustified" in proving any drugs were consumed, claimed the bail application submitted by Aryan Khan in the Bombay High Court.
The 23-year-old claimed no contraband was recovered from him after the NCB raided the ship and maintained he has no connection with any of the other accused in the case except Arbaaz Merchant and Aachit Kumar. Therefore it was wrong to accuse him of wrongdoing based on recovery of drugs made from others. Furthermore any "voluntary statements" made by him under Section 67 of the NDPS Act, which are inadmissible in evidence as per last year's Supreme Court order, the application states.
"...Such Whatsapp messages have no evidentiary value and a persons liberty for an offence punishable with one year cannot be deprived on such basis," stated Khan's plea as quoted by Livelaw.
Khan and Merchant are currently lodged in Arthur Jail while fellow accused Dhamecha has been taken to Byculla women's jail. Last week a special court had denied the trio bail for the third time citing that the WhatsApp chats submitted by the NCB had shown Khan to have been involved in a "nexus with drug peddlers and suppliers and had indulged in illicit drug activities on a regular basis."