The Bombay Supreme Court on Tuesday began hearing the bail demand of Bollywood superstar Shah Rukh Khan’s son Aryan Khan in connection with the Mumbai drug seizure case.
Former Attorney General Mukul Rohatgi stood for Aryan Khan. on in court, while the NCB was represented by Deputy Attorney General Anil Singh.
The Narcotics Control Bureau (NCB) opposed Aryan Khan’s bail by means of an affidavit, alleging that Shah Rukh Khan’s managers Aryan and Pooja Dadlani were manipulating the evidence and witnesses in the case to break the investigation. In an affidavit, Aryan Khan said he had nothing to do with a witness affidavit in the case of extortion allegations against NCB zone director Sameer Wankhede.
Here are the main arguments made by Aryan Khan’s attorneys during today’s hearing:
1. Former Attorney General Mukul Rohatgi, who appeared on behalf of Aryan Khan, argued, “Aryan was not a customer. He was a special guest. He was invited by a man named Pradeep Gaba who is an events manager. Aryan and Arbaaz [Merchant] were invited. They were there without tickets. They arrived at the cruise terminal around 4:30 p.m. “
“It appears that the NCB previously had information about drug carriers, so they were present to a certain extent,” argued Mukul Rohatgi.
2. “After Aryan and Arbaaz, many others were arrested. Nothing was found of Aryan and no medical examination was conducted to show that he had used drugs. Arbaaz had about 6 grams in his shoes and Arbaaz denies it, saying that it was planted, but I didn’t care other than that he was Aryan’s friend, “said Mukul Rohatgi.
Former Attorney General Mukul Rohatgi, who appeared for Aryan Khan, left the Bombay High Court on Tuesday.
3rd “She [NCB] say this conscious obsession as it was in Arbaaz’s shoes. It’s too far-fetched. Conscious possession is under my control and is known to me, “argued Mukul Rohatgi.
4th While Mukul Rohatgi stated that “conscious possession” cannot be held against his client, Mukul Rohatgi argued that the small amount of drugs found by Arbaaz Merchantt was not enough to keep Aryan Khan in prison. He added that Section 29 of the NDPS Act in Aryan’s case was a “general amorphous charge”.
5. “When I fight myself, when I assume, because of conspiracy, 5-10 people are planning and saying they’ll go on a ship to smoke, there is a difference of opinion. But this program is about consumption. This is where you got me . ” [Aryan Khan] before that could be done, “argued Mukul Rohatgi.
6th “I don’t want to take up the Arbaaz case. In his opinion it was planted. He will argue his case, but there is nothing to say that a drug has been found on him.” [Aryan]”Argued Rohatgi.
7th Mukul Rohatgi argued that Aryan Khan’s cell phone had not been confiscated and was only on pre-trial detention. When the bank asked what the basis for WhatsApp chats would be if the phone wasn’t seized, Rohatgi said, “Whether the chats are allowed or not is in court. But there is no connection to WhatsApp chats that are in a foreign country. ” . We can’t worry about it today. “
8th. Mukul Rohatgi argued in court that Aryan Khan and Arbaaz Merchant did not have a “master-servant” relationship, which would mean that one would ask the other to procure illegal drugs.
“Conscious obsession is out of the question. Arbaaz is not mine [Aryan’s] Servant, he’s out of my control, “he said.
9. Mukul Rohatgi argued in court that there was no trial against Aryan Khan. “Cannabis is not banned in the US and other parts of the world because it has medicinal value. The legislative intent is that if you own and consume and go into rehab you have immunity, ”he said.
10. “If you apply Section 29 of the NDPS Act to 8C, 20 and 27, the penalty for conspiracy is also only 1 year. I deny there is a conspiracy, ”argued Rohatgi.
11. Attorney Amit Desai, who also appears for Aryan Khan, told the court that co-defendant Achit played online poker with Aryan Khan and their transactions were limited to that only. “There is some conversation going on about some profits that are now showing as a transaction,” Desai said.
“Funding is a very defined use of a term. But there is no funding here, even if there are some chats, it’s more than a year old,” argued Mukul Rohatgi.
Rohatgi added, “There was an old case of rummy. So the Supreme Court said it was a game of skill. Even horse racing is considered a game of skill because you have to study horses.”
12th Mukul Rohatgi went on to argue that the NCB will rely on WhatsApp chats, but those chats are not related to the present case.
13. “This boy [Aryan Khan] has roots in society. In the end, where are we today? What NCB can use is chats. Are you putting a person without anything for over 20 days today? You saw his phone. This case attracted so much attention because of his parents, otherwise there are a number of cases like this, “argued Mukul Rohatgi.
14th “If there is no recovery or consumption, what evidence will I get? [Aryan Khan] manipulate? Given the age, the boy should be given bail, “said Mukul Rohatgi.
fifteen. Mukul Rohatgi also read a statement from the NCB’s zone director, Sameer Wankhede, claiming that he was targeted by Maharashtra’s minister, Nawab Malik. “All of this changed today and said that I did [Aryan Khan] am involved. I’m not involved in that, “said Mukul Rohatgi.
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