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22-year-old Aachit Kumar has been granted bail by a Mumbai Special Court. Kumar is accused of being the supplier of illicit Ganja/Charas to Aryan Khan and Arbaaz Merchant in the Cordelia Cruise drugs case.

Kumar was taken into custody by Narcotics Control Bureau (NCB) on October 6 as he had been allegedly named by Khan and Merchant during the investigation. Also, during Kumar’s house raid, 2.6 gms. of Ganja and cash of Rs. 93,000 was recovered.

Granting bail to Kumar on Saturday, the Special Judge for N.D.P.S. Cases, V.V. Patil noted that except WhatsApp chats with Khan, there was no other evidence to show that Kumar had indulged in the business of supplying the contraband.

Therefore, the court held that merely on the basis of the WhatsApp chat, it could not be gathered that Kumar used to supply illicit drugs to Khan and Merchant, and also noted that Khan has already been granted bail by the High Court.

When the said WhatsApp chats were shown to the Court, though it found that there were chats between Kumar and Khan in respect of the contraband, it rejected NCB’s contention that Kumar's role was that of a contraband supplier.The court held,

"Though respondent claimed that applicant is supplier, respondent failed to bring on record specific evidence to show that applicant is dealing in business of supplying the contraband."

Dealing with the NCB’s claim of alleged conspiracy, the Court found substance in this submission of Kumar’s counsel that especially when Khan himself has been granted bail by the High Court, Kumar should also be released on bail.

The Court held that so far as allegations of conspiracy are concerned, when Khan and Merchant had been granted bail by the High Court, Kumar was also entitled to grant of bail on the ground of parity.

It was also noted by the Court that so far as the allegations of a conspiracy are concerned, the aspect of proving the conspiracy which deals with depth, is required to be considered only at the time of trial.

The Court added that “prima-facie it needs to be shown by the respondent that there is case of conspiracy and abatement.

In the order, the court also dealt with possibility of Kumar tampering with evidence and likelihood of him committing any offence, if released on bail. Court stated,

"The applicant is permanent resident of Mumbai and he is ready to abide by all the conditions imposed by this Court. He has no criminal antecedents as to his discredit. He has deep roots in the Society and he is not likely to abscond and not likely to flee from justice. Hence he is entitled to grant of bail."

Accordingly, Court granted bail to Kumar on executing a personal bond of Rs. 50,000 with one or more sureties in the like amount. Kumar has also been instructed attend the office of NCB Mumbai Zonal Unit on every Monday in between 1.00 pm to 4.00 pm till filing of charge-sheet.

Kumar was booked by NCB on October 6, 2021 under sections 8(c) read with 20(b)(ii)(A) (possession of small quantities of drug), 27a (consumption), 28 (attempt to commit offence) and 29 (conspiracy) of the NDPS Act. NCB had alleged that Kumar was in touch with Khan and there was evidence on record (WhatsApp chat) that he supplied drugs to him. 

Cause Title: Aachit Sudeep Kumar v. UOI (through the Intelligence Officer, Narcotics Control Bureau, Mumbai)