Prima facie no evidence brought on record to show that accused Aryan Khan , Arbaj Merchant and Munmun Dhamecha are directly involved in the crime . The prosecution failed to prove the case of conspiracy on part of them . Under Narcotics and Psychotropic substance Act , the Bombay High Court said in its detailed order granting trio bail in cruise Ship case .
They are booked under section 8(c) read with section 20(b) , 27, 28 ,29 and 35 of NDPS Act . Nothing was recovered from Khan , but 5gms of Charas was allegedly recovered from Arbaj Merchant and 6gms of Hashis from Dhamecha .
The Court rejected the NCB’s argument that since conspiracy is present , cumulative effect on presence of drugs should be given which makes it a commercial quantity . To prove conspiracy a positive evidence must be there to show agreement to do illegal act and as far s this case is concerned Dhamecha was an independent traveller and had different plans .
After going through the whatsapp chats of prime accused Aryan Khan there was nothing objectionable and noticeable to make it conspiracy . Merely because all three were travelling on the same Ship can’t be the foundation of charge of conspiracy .
Justice Sambre states that accused were not even subjected to medical examination to check if they consumed it on relevant time .