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10 Quotes From Aryan Khan's Bail Hearing Today Before Bombay High Court

Sharmeen Hakim
26 Oct 2021 2:15 PM GMT
10 Quotes From Aryan Khans Bail Hearing Today Before Bombay High Court
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The Bombay High Court will continue hearing the bail applications filed by Aryan Khan, Arbaaz Merchant and Munmun Dhamecha in the cruise ship drug case tomorrow at 2.30 PM. The three had moved the High Court following rejection of bail by the Special NDPS Court. They are booked under sections 8(c) read with 20b (purchase), 27 (consumption), 28 (attempt to commit offence),...

The Bombay High Court will continue hearing the bail applications filed by Aryan Khan, Arbaaz Merchant and Munmun Dhamecha in the cruise ship drug case tomorrow at 2.30 PM.

The three had moved the High Court following rejection of bail by the Special NDPS Court.

They are booked under sections 8(c) read with 20b (purchase), 27 (consumption), 28 (attempt to commit offence), 29 (abetment/ conspiracy) and 35 (presumption of culpable mental state) of the NDPS Act.

Justice NW Sambre today heard Senior Advocate Mukul Rohatgi for Aryan Khan. Senior Advocate Amit Desai also began arguments for Arbaaz Merchant and will continue tomorrow.

Here are 10 important quotes from today's hearing:

1. "There was no occasion to arrest my client, short and simple"

Rohatgi has argued that there was no occasion to arrest Aryan Khan as nothing was recovered from him and there is nothing on record to show that he had consumed anything either. No medical test was done, he pointed out.

2. "What somebody else had in their Shoe is not my concern"

No recovery of contraband was made from Aryan Khan. However, his friend Arbaaz Merchant was found hiding charas (6 gms) in his shoes.

The Special NDPS Court had rejected Khan's bail plea saying that Khan had apparently knowledge about the same, amounting to "conscious possession" of illegal drugs.

Responding to these observations, Rohatgi submitted:

"Possession of somebody else cannot be my possession unless there is control and knowledge… What somebody else had in their Shoe is not my concern."

3. "I went there, I did not have anything but I was arrested."

Rohatgi highlighted that Aryan Khan was not in possession of contraband and no recovery was made from him. He was not a customer but merely a guest at the party, invited by Prateek Gaba, the event manager.

"I went there, I did not have anything but I was arrested," he said.

He further stated that the party never began as he was apprehended from the cruise terminal.

"Now if there are a group of friends who plan to smoke up there is a meeting of minds. But the plan here was aborted. They were arrested before," he added.

4. "I am arguing a case which is actually not there against me."

Reiterating that it was a clear case of no possession, no consumption and no recovery, Rohatgi submitted for Khan, "I am arguing a case which is actually not there against me."

He highlighted that Khan's driver was also not found to be possessing any contraband on his behalf.

5. "General, amorphous vague kind of a situation…to bar bail"

Rohatgi pointed out that Khan is not charged under Section 27A of the NDPS Act for financing illicit drug trade. Nevertheless, the agency has charged him with conspiracy, creating a "general, amorphous vague kind of a situation" to indirectly bring Section 27A and bar bail under Section 37 of NDPS.

Senior Advocate Amit Desai appearing for Arbaaz Merchant also told the High Court that the NCB is roping in anybody and everybody using an "umbrella charge of conspiracy" to attract the rigours on grant of bail under Section 37 NDPS Act.

6. "I don't want to sully my case by siding with either the political personality or the panchas"

Khan has denied any connection with panch witness Prabhakar Sail, who has accused NCB officials of extorting money in connection with Khan's arrest. He has also denied acquaintance with KP Gosavi (a private person at the NCB raid whose picture with Aryan Khan went viral).

In this regard, Rohatgi told the Bench,

"The Director of NCB yesterday said the affidavit was a result of some political leader. But today the unsavoury controversy is rebounding on me, they are putting it on me… I don't want to sully my case by siding with either the political personality or the panchas. Because I am not connected to anyone."

He has also filed a rejoinder, clearing air on the issue of allegedly influencing the witnesses.

7. "Unsavory controversy between political personalities and NCB cannot rub off on me"

Referring to the affidavit of Prabhakar Sail which emerged in social media on Sunday, where he raised allegations about extortion bid in the case, Khan filed a rejoinder denying any involvement in the controversy.

He also sought to distance himself from the ongoing public spat between NCB's Zonal Director Sameer Wankhede and Maharashtra Minister Nawab Malik saying that he has nothing to do with the allegations and counter-allegations between Sameer Wankhede and "certain political personalities".

On this note, Rohatgi for Khan submitted,

"I don't accuse any officer of NCB. I am not concerned or connected with panch witness no. 1 or 2. (Prabhakar Sail or KP Gosavi)…Unsavory controversy between political personalities and NCB cannot rub off on me."

8. "There is immunity from prosecution after they go to a rehabilitation centre"

Rohatgi submitted that even if it is presumed that Khan was in conscious possession of contraband, the maximum he can be charged with is 1 year. The minimum punishment, he highlighted as per Section 20b (ii) of the NDPS Act, is nothing.

"The legislative intent is that if you consume or caught with possession of small quantity and if you go in for rehabilitation there is immunity from prosecution," he remarked.

9. "NCB opened up umbrella of conspiracy to charge anybody and everybody"

Senior Advocate Amit Desai appearing for Arbaaz Merchant told the High Court that the NCB is roping in anybody and everybody using an "umbrella charge of conspiracy" to attract the rigours on grant of bail under Section 37 NDPS Act.

"Before being charged with conspiracy there has to be evidence of an agreement," he said which is claimed to be missing in this case.

He pointed out that at the time of arrest Aryan, Arbaaz and Munmun were not booked for conspiracy under Section 29. However, now, it has become the heart of NCB's case against them.

10. "No Possession, No Consumption, No Recovery Of Drugs From Aryan Khan Then Why Is He Sent To Jail For 20 Days?"

Compiled by Akshita Saxena 

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