Breaking News Aryan Khan Bail hearing adjourned till tomorrow. Senior Advocates...

Aryan Khan Bail hearing adjourned till tomorrow. Senior Advocates Mukul Rohatgi, Amit Desai and Satish Maneshinde argued

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Mumbai, Oct 27 (ILNS) The Bombay High Court today adjourned the bail hearing of Aryan Khan, the son of Bollywood actor Shah Rukh Khan, in connection with the alleged seizure of drugs on a cruise ship till Thursday after Advocate Ali Kaashif Khan Deshmukh and senior counsel Amit Desai.

Justice Nitin Sambre adjourned the matter till tomorrow when the Additional Solicitor General will argue the case from the prosecution side.

The Aryan Khan bail matter was taken up at 3:51 pm today before in the Bombay High Court, Senior Advocates Mukul Rohatgi, Amit Desai along with Satish Maneshinde, and a team of lawyers comprising Ruby Singh Ahuja and Sandeep Kapur, Senior Partners from Law firm Karanjawala & Co appeared before a single-judge bench of

Rustom Mulla, Partner, Desai Desai Carrimjee & Mulla, Ms Anandini Fernandes, Ms Namita Maneshinde, Nikhil Maneshinde, Gopal Shenoy, Harshad Gada, and Sohan Kinkhabwala were also present.  

Arbaaz Merchant was represented by Senior Advocate Amit Desai and Taarak Sayed, Advocate.
At the outset, Senior Advocate Amit Desai continued arguments on behalf of Arbaaz Merchant. Continuing his arguments from yesterday, Mr Desai read the arrest memo, pointing out that on October 3, the accused were arrested only under Sections 20(b) and 27, indicating that the allegations, in this case, are only qua consumption and not a conspiracy. 

Mr Desai further stated that the officer who arrested them also treated them as unconnected with each other. Relying on a catena of judgements, Mr Desai argued that, since bail is the rule and jail is the exception, there was no need to arrest the accused in the present case.  He further stated that the remand application also does not detail any evidence of conspiracy and there is, in fact, no conspiracy in the instant case; this is merely at best a case of consumption with unconnected persons and not a conspiracy.  He also stressed the fact that no medical test had been done on the accused.  
As regards the WhatsApp chats, Mr Desai stated that none of the WhatsApp chats supports any theory of conspiracy, they are in fact from over three months back and, for the purposes of an NDPS case, are inadmissible in evidence.  Furthermore, Mr Desai argued that there is no seizure memo in relation to the seizure of the accused mobile phones and a memo is required to ensure the veracity of the seizure so that there is no scope of tampering.  Mr Desai further stated that the case against his client can involve punishment of only one year, and there are circumstances to show that there is no conspiracy, there is no need for custody and that the investigation can continue even if bail is granted.

Senior Advocate Mr Mukul Rohatagi, speaking on the arrest memo, submitted that when a person is arrested, a reason must clearly be given and that no reason was given in the instant case.  He further stated that, though the agency is in possession of the WhatsApp chats they are choosing to mislead this case by not clearly stating what has been recovered, and that nothing has been recovered from Aryan Khan. 

Senior Advocate Mr Amit Desai further stated that suggesting there is a conspiracy is misleading and an attempt is being made to incriminate the accused with recoveries from another individual and, accordingly, bail ought to be granted.

Advocate Ali Kaashif Khan Deshmukh began his submissions for Ms Munmun Dhamecha and stated that no recovery was made from her and the case is unfairly clubbing her together with two other individuals, Soumya Singh and Baldev with whom she has no connection and who have not been arrested.  He stated that Ms Dhamecha was merely on the cruise as she had been invited and that, if everyone present was to be arrested as a suspect, then all 1300 people should have been arrested. He further stated that the Sessions Court is 90 per cent silent on her role in the alleged case and states furthermore that if any medical test is conducted, nothing will be found against her.  He stated that Ms Dhamecha has never consumed drugs and further added that the NCB is saying that there is a connection between Ms Dhamecha and Ishmeet Singh based on WhatsApp messages. 

If they have any evidence of this, the NCB should bring the WhatsApp chats on record as Ms Dhamecha is not connected to anyone in this case. The ASG stated that he will try to finish his arguments within an hour. The matter was is accordingly adjourned to tomorrow, 28th October 2021, post 2:30 pm/ILNS/SNG/

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