Aryan Khan and Arbaaz Merchant, were arrested on 3rd October following a raid by the Narcotics Control Bureau (NCB) on a cruise ship off Mumbai coast, after appealing for bail in the High court his bail application was approved in the third hearing. The case was first taken to the sessions court and then to the NDPS court. His bail was rejected in both courts. Mumbai special court then reserved its order on October 14th and Aryan’s bail plea was rejected again.
Former Attorney general of India Mukul Rohatgi said this was a fit case for bail as there was no recovery of drugs from his client and there was no medical examination to show that there was consumption. “My client (Aryan Khan), Arbaaz and many others were apprehended. A search was conducted and nothing was recovered from Accused 1 (Aryan Khan). No medical at any point was conducted to ascertain if he has taken any drug,”
Rohatgi said that 6 Gms of charas(cannabis concentrate) was recorded from Arbaz Merchant, and Aryan has no relation with him except for arriving with him there. “There was no recovery. There was no proof of consumption,” he submitted.
Aryan’s lawyer further said that his client was arrested wrongly as there was no recovery no consumption. “What is put against me is that accused 2 (Arbaaz Merchant) came with me and had something with him. So I am charged with conscious possession of drugs. How can I be charged with conscious possession if someone carried something in his shoes?” Rohatgi argued. On chats that have been circulating, Rohatgi said that these were of 2018, 2019 and 2020 and that these were not related to Cruise case. “Cruise case started with Pratik Gaba and ended there. There is no connection between my chats and present case of Cruise,” he said.
“Accused 2 (Arbaz Merchant) says that he was not having possession (of drugs) but it was planted on him. Whether it was planted or it was in his possession, I have nothing to do with that. 23 days have passed till today and I had nothing to do with all this,” Rohatgi said. This is significant as it comes just a day after Maharashtra minister Nawab Malik said that a letter by unnamed NCB official had alleged extortion by some agency officials by foisting false cases on people. Malik has made several serious allegations against NCB Mumbai Director Sameer Wankhede, who is leading the investigation in cruise drug case. However, Khan’s lawyer said that his client had nothing to do with what was happening between Malik and NCB. “There was something filed by someone alleging something against NCB, the Director had filed an affidavit that it was due to a political personality whose son-in-law was arrested by NCB. It is all being portrayed that I was involved in this. I made this clear with my rejoinder that I am nowhere connected to all these allegations and counter-allegations. I am nowhere in all this ongoing controversy. My case is very much on merits which are in my favour ,” Rohatgi said.
In conclusion the NCB’s functioning has come under scanner with an independent witness, Prabhakar Sail, filing an affidavit saying he overheard KP Gosavi, another witness, talk about settling the case in ₹25 crore.
