The Bombay High Court issued an order today saying there is no evidence of conspiracy against Aryan Khan, Arbaaz Merchant and Munmun Dhamecha to commit drug-related offenses. In addition, the court also said that nothing objectionable was found in the WhatsApp conversations between them.
“There is virtually no positive evidence on the record to convince this Court that all defendants with common intent have agreed to commit an unlawful act,” the order said.
“Just because Aryan Khan, Arbaaz Merchant and Munmun Dhamecha were traveling on the same cruise, that in itself cannot form a basis for the charge of conspiracy against them,” the court added.
“There is no evidence on file that they have such an agreement with other accused who have been named in the offense in question. The prosecution case that the plaintiffs have admitted to have committed an offense also constitutes an offense under the NDPS Act. Even if it is appreciated, the prescribed maximum penalty does not exceed one year for such an offense. The applicants have already been imprisoned for nearly 25 days, ” Judge Sambre said according to TOI.
Live Law reports that the court made the following observations regarding the statements recorded by the BCN: “The confessions of the applicants / defendants cannot bind them to the offense in view of the Supreme Court judgment in the Toofan Singh case. [cited supra], the allegation of the Respondent (NCB) that the Accused accepted their involvement in the crime is likely to be dismissed. ”