Mumbai: Magistrate Court has rejected the bail plea of Bollywood actor Shahrukh Khan’s son Aryan Khan Khan, accused in a cruise ship drug case.

Court has dismissed the bail petition citing the reason of not being maintainable. Chief Metropolitan Magistrate (CMM) R.M. Nerlikar allowed the arguments of the Narcotics Control Bureau (NCB), which stated that only special court of sessions has jurisdiction to hear the bail matter and not the Magistrate. On the grounds of maintainability, the court has rejected the bail plea of Aryan Khan, so he has to spend in judicial custody. Meanwhile, Aryan Khan lawyers have decided to move the bail petition in Session Court.

The case has to be trial by the Session Court considering the quantum of the substance and intensity of the case.

Additional Solicitor General Anil Singh has argued that before the court looks into the merits of the case, the court has to look into the maintainability of the case.

The Court initially said that the issue of maintainability can be raised along with the reply on merits and there is no requirement for a separate application.

"The jurisdiction of this court is within the confines of Section 36A of the NDPS Act. It is the prosecution's case that all persons arrayed in the crime are alleged to have committed offences exclusively triable by the special court of sessions," the NCB submitted in its reply, Bar and Bench reported.

"Hence, they are triable only by the special court. Since the offence is triable exclusively by the special court, the CMM has no jurisdiction to even entertain this application," the NCB contended, stated in the report. Satish Maneshinde, however, responded that the power to grant bail is inherently provided in Section 437 of the Code of Criminal Procedure.