New Delhi: A special NDPS court in Mumbai while granting bail to Aachit Kumar last week in the cruise drugs case said merely on the basis of WhatsApp chats, it cannot be gathered that he had supplied drugs to co-accused Aryan Khan, the son of Bollywood superstar Shah Rukh Khan, and Arbaaz Merchant.The court in its detailed order, a copy of which was made available on Sunday, also raised questions on the veracity of the Narcotics Control Bureau’s (NCB) panchnama, which is a record of the witness taken at the time of conducting a search, and said they were fabricated and seemed “suspicious”.Special Judge V.V. Patil, designated to hear cases related to the Narcotics Drugs and Psychotropic Substances (NDPS) Act, granted bail to 22-year-old Kumar on Saturday.The court in its detailed order observed that except for the WhatsApp chats with Aryan Khan, there is no evidence to show Kumar was indulging in such activities.Aryan Khan and Merchant, who were arrested in the cruise drugs case on October 3, were granted bail by the Bombay high court last Thursday.Kumar was arrested on October 6 by the NCB based on the statement given by co-accused – Aryan Khan and Arbaaz Merchant.Also read: In NCB’s Handling of Aryan Khan Drug Case, a Familiar Pattern EmergesAccording to Live Law, 2.6 grams of contraband was recovered from his house, and he was arrested as part of the “ganja trafficking network”.He was booked 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.Merely on the basis of WhatsApp chats, it cannot be gathered that Kumar used to supply contraband to Aryan Khan and Arbaaz Merchant, the order said. The judge said that since Khan and Merchant with whom Kumar is alleged to have conspired have been granted bail by the Bombay high court, he was also entitled to bail.In contrast, while denying bail to Aryan Khan on October 20, Judge Patil had relied heavily on the WhatsApp chats, saying, “WhatsApp chats prima facie reveals accused Aryan Khan is dealing in illicit drug activities for narcotic substances on regular basis. Therefore, it cannot be said that Khan is not likely to commit similar offence while on bail.”The court accepted Kumar’s counsel’s contention that he was a young boy taking education abroad and there was no instance to show that he acted as a supplier of contraband.Of the total 20 people arrested in the case, 14 persons have been so far granted bail.(With inputs from PTI)