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New Delhi: After a review by a Special Investigation Team (SIT), the Narcotics Control Bureau has dropped its case against actor Shah Rukh Khan’s son Aryan Khan.

The initial case against Khan was mainly based on screenshots of WhatsApp chats taken from his phone though there was no recovery of narcotics from his possession nor was a medical test conducted on him to verify if he had indeed consumed drugs. The agency had instead used the chats to argue that he was part of a conspiracy by a group on board a cruise liner destined for Goa that allegedly was acting in concert with an international drug trafficking ring.

However, following the review which has absolved Khan, NCB chief S N Pradhan said the 'principle of preponderance and probability' was not applicable to the NDPS (Narcotic Drugs and Psychotropic Substances) Act. "It should be beyond reasonable doubt, we did not find such evidence," he added.

When asked if there was any international conspiracy in the case, the NCB chief replied in the negative and said there were irregularities in the initial probe.

In a statement to the press, the NCB said on Tuesday: "Based on an input NCB Mumbai on 02.10.2021, intercepted Vikrant, Ishmeet, Arbaaz, Aryan and Gomit at International Port Terminal, MbPT and Nupur, Mohak and Munmun at the Cordelia Cruise. All the accused persons were found in possession of narcotics except Aryan and Mohak."

"Initially, the case was investigated by NCB Mumbai. Later an SIT from NCB (New Delhi), headed by Sanjay Kumar Singh, DDG (Ops), was constituted to investigate the case, which was taken over by the SIT on 6 November 2021. SIT carried out its investigation in an objective manner. The touchstone of the principle of proof beyond reasonable doubt has been applied."

"Based on the investigation carried out by SIT, a complaint against 14 persons under various sections of the NDPS Act is being filed. Complaint against rest six persons is not being filed due to lack of sufficient evidence."

The NCB had claimed to have busted a high-profile "drug party" on a cruise liner between Mumbai to Goa on October 2 last year. Then NCB zonal director Sameer Wankhede and his crew boarded the ship as guests after getting a "tip-off" about the alleged drug party. Small quantities of cocaine, Mephedrone, charas, hydroponic weed, MDMA, and Rs 1. 33 lakh in cash were seized. The NCB apprehended eight passengers including Khan and the toll of arrests went up to 20 during "investigation".

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On May 27 – six months after he was arrested (and then released on bail 26 days later) – the Narcotics Control Bureau (NCB) gave a clean chit to Aryan Khan in its chargesheet in the drugs-on-cruise case. “The SIT carried out its investigation in an objective manner. The touchstone of the principle of proof beyond reasonable doubt has been applied.

Based on the investigation carried out by SIT, a complaint against 14 persons under various sections of the NDPS Act is being filed. Complaints against the remaining six persons are not being filed due to a lack of evidence,” Sanjay Kumar Singh, Deputy Director General (Operations), NCB said in a statement.

Aryan was arrested by the NCB on October 2, along with seven others in connection with a drugs raid carried out on a Mumbai-Goa cruise. “Based on an input, the NCB Mumbai on October 2, 2021, intercepted Vikrant Chhokar, Ishmeet Singh Chadha, Arbaaz Merchant, Aryan and Gomit Chopra at the International Port Terminal, Mumbai Port Trust, and Nupur Satija, Mohak Jaiswal and Munmun Dhamecha at Cordelia Cruise. All the accused persons were found in possession of narcotics, except Aryan and Mohak,” Sanjay said on Friday.

“This is what we have argued from Day 1, that Aryan is absolutely innocent and there was no evidence against him and nothing was found on him. We are relieved that the truth has prevailed. And we are happy for Shah Rukh Khan and his family,” said senior lawyer Sandeep Kapur, who was part of Shah Rukh Khan’s legal team.

In November, last year, while granting bail to Aryan, a single Bench of Justice Nitin Sambre of the Bombay High Court had said, “The court prima facie has not noticed any positive evidence against Aryan Khan and two others.”

The order mentioned that applicants were not even subjected to a medical examination so as to determine whether they had consumed drugs at the relevant time. The court further stated, “This Court is of the opinion that the claim put forth by the Narcotic Control Bureau, that the accused should be considered to have intention to commit an offense under the NDPS Act (Narcotics Drugs and Psychotropic Substances), having found in possession of commercial quantity, in the backdrop of case of hatching conspiracy, is liable to be rejected.”

Apart from Aryan, the NCB has given clean chit to five others — Avin Sahu, who was a guest, and four organisers of the party — Gopal Anand, Samir Sehgal, Bhaskar Arora and Manav Singhal. The NCB’s special investigation team (SIT) from Delhi took over six cases, last year from Sameer Wankhede. In March, the SIT of the NCB had been granted 60 days to file the chargesheet in the case.

“There should be physical corroboration of WhatsApp chat. Courts have clarified that WhatsApp chat, in itself, holds no value. You can talk about anything on WhatsApp but if not corroborated with physical evidence, it’s not complete evidence. The principle of preponderance and probability is not applicable to NDPS Act. There should be beyond reasonable doubt, we did not find such evidence: NCB chief SN Pradhan, on Mumbai drugs on cruise matter,” added SN Pradhan, DG, NCB.