Aryan Khan’s bail hearing will resume tomorrow at 2.30 pm (File)
Mumbai:
Former Attorney General Mukul Rohatgi today argued in the Bombay High Court that Aryan Khan had been wrongly arrested though “there was no drug abuse or possession” and that such a small amount of drug-related cases would go to rehab instead of jail. was called for.
Superstar Shah Rukh Khan’s 23-year-old son Aryan Khan will spend another night in jail as the hearing on his bail plea resumes tomorrow afternoon.
Labeled “accused number 1” in the case, he has been in jail since October 8. He was arrested on 2 October by the Narcotics Control Bureau (NCB) following a drug raid on a cruise ship party.
Mukul Rohatgi argued that the case against Aryan Khan was based on old WhatsApp chats which were “irrelevant” and had nothing to do with Cruise. There was no recovery, no consumption and hence “there is no need to arrest” them, the senior counsel said.
“These are young boys. They can be sent to rehab and they don’t need to undergo tests. It came across some newspaper that the Social Ministry was mentioning about reform. If you have a small amount and you Wanting to go to rehab, you are not liable for prosecution,” Mr Rohatgi told the court.
The lawyer said that Aryan Khan is “23 years old” and has completed his studies in California. “The accused 1 was not a customer. He didn’t buy the ticket. He was invited on the cruise as a special guest… no consumption, no possession… why sent this guy 20 days in jail Gone?” – asked Mr. Rohatgi.
“Since there is no recovery and no consumption, I have been wrongly arrested,” Rohatgi said. Cannabis is legal in the US and some parts of the world.
He also said that it was because of Aryan’s parents (Shah Rukh Khan and Gauri Khan) that the matter had attracted the attention of the public and the media.
Aryan Khan has been denied bail twice before. The special anti-drugs court, which denied him bail last week, said he was aware of the charas hidden in the shoes of his friend Arbaaz Merchant and it amounted to “conscious possession”. Arbaaz Merchant was also arrested along with Aryan and 18 others.
Rohatgi questioned the approach of the court and called it far-fetched. He said, ‘I have no control over what is found in Arbaaz’s shoes.’
“There is no question of conscious possession. Arbaaz is not my servant, he is not under my control.”
He cited the special court as saying that Aryan Khan’s WhatsApp chats indicate that he is “dealing in illegal drug activities” on a regular basis.
The NCB had alleged that these activities were revealed through a WhatsApp chat between Aryan Khan and another accused, college student Achit, who was arrested days after the raid on the ship. The anti-drugs agency claimed that the chats were apparently on gaming, but were code for deals related to drugs.
The chats were on online poker, Aryan’s lawyers insisted. Mr. Rohatgi said, “Played online poker and it is being interpreted as a communication between the two about consumption. There was nothing but communication about poker.”
The hearing on bail in the High Court will continue at 2.30 pm tomorrow.
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