File photos of (LR) Arbaaz Merchantt, Aryan Khan and Munmun Dhamecha
A single judge bench in the Bombay High Court heard arguments from lawyers for Aryan Khan, Arbaaz Merchantt and Munmun Dhamecha on Wednesday. The court adjourned the bail hearing until tomorrow, October 28th.
Aryan, the son of actor Shah Rukh Khan, and seven other people were arrested at the Mumbai International Cruise Terminal Narcotics Control Center (NCB) on October 2nd. The 23-year-old is staying at Arthur Road Jail in Mumbai.
Former Attorney General (AG) Mukul Rohatgi appeared for Aryan Khan, while Attorney Amit Desai represented Arbaaz Merchantt. Lawyer Ali Kaashif Khan Deshmukh called for Munmun Dhamecha to be bailed.
READ: Aryan Khan and Aachit Kumar played online poker, didn’t chat about drugs: lawyer says court
Additional Attorney General (ASG) Anil Singh, who appeared for the NCB, told the Bombay HC that he would try to present the case to the Drugs Department in less than an hour. The ASG dispute should begin on Thursday around 3 p.m.
5 arguments of Aryan, Arbaaz and Munmun’s lawyers in court:
1. Aryan Khan’s senior advocate, Mukul Rohatgi, argued that Article 22 of the Constitution was more important than Section 50 of the CrPC. He made the remarks while questioning the NCB’s arrest protocol, which, in his opinion, did not provide any real and correct reasons for the arrest. “It [Article 22] states that no person should be detained without being informed of the reasons for the arrest and that the person has the right to consult a lawyer of their choice, “said Rohatgi.
2. Attorney Amit Desai, appears for Arbaaz dealers, argued that “there is no WhatsApp chat that supports the NCB’s conspiracy theory”. Desai said the WhatsApp chats quoted by the NCB attorney were “very old” and unrelated to the October 2nd incident. Amit Desai went on to argue for bail for his client, citing the initial pre-trial detention, which said the NCB initially alleged a conspiracy involving three people – Aryan, Arbaaz and Munmun. “Then it became eight and then it became a conspiracy of 20,” he added.
3rd Mukul Rohatgi, who argues for Aryan Khan, said the NCB’s arrest record related to items never found by his client at the time of his detention. Rohatgi hinted that the case was all consumption, if anything, and said Aryan could not be jailed for that long for an offense that results in a maximum sentence of one year in prison. “There are circumstances that show that there is no such thing as a conspiracy,” he added.
4th stand-in Munmun Dhamecha In court, lawyer Ali Kaashif Khan Deshmukh argued that his client was being made a “scapegoat”. Regarding the NCB’s case, Deshmukh added, “This is a new trend that has been followed recently. Small, Intermediate, and Commercial Quantities [of drugs seized during raids] will be merged. “
5. Mukul Rohatgi and Amit Desai, who appeared for Aryan Khan and Arbaaz Merchantt respectively, argued that NCB’s actions were a “direct violation of constitutional guarantees”. Noting that bail is the rule and jail is the exception, Desai told Judge Sambre that both Aryan and Arbaaz are residents of Mumbai and that the NCB will be available if the anti-narcotics agency wishes to question them.
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