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Wednesday, December 08, 2021

Aryan Khan bail hearing highlights: Bombay HC adjourns hearing in Aryan Khan’s bail plea for Wednesday

Rohatgi has so far argued that no drug recovery has been made from Aryan Khan, and no medical test has shown that he consumed drugs.

By: Express Web Desk | Mumbai, New Delhi |
Updated: October 27, 2021 12:06:22 pm
Aryan Khan Bail Hearing Today Live Update,Mumbai Drug Bust Case LiveThe NCB charged Aryan with offences under Section 8(c), 20(b), 27, 28, 29 and 35 under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The Bombay High Court on Tuesday adjourned the hearing of Aryan Khan’s bail application in connection with the cruise ship drug bust case for Wednesday.

Aryan Khan bail hearing |liveFollow latest news

Senior advocate and former Attorney General for India Mukul Rohatgi represented Aryan Khan, son of Bollywood actor Shah Rukh Khan, in his bail plea before Bombay HC. Aryan had moved the High Court after both Magistrate and Sessions courts rejected his plea.

Rohatgi has so far argued that no drug recovery has been made from Aryan Khan, and no medical test has shown that he consumed drugs. “There was no occasion to arrest my client (Aryan Khan),” Rohatgi told HC. He further said that the WhatsApp chats recovered by NCB were not related to the cruise.

The Narcotics Control Bureau (NCB) Tuesday filed an affidavit opposing the bail plea of Aryan Khan, arrested after a seizure of drugs on a cruise ship following a raid by the agency on October 2.

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21:00 (IST)26 Oct 2021
Aryan Khan bail hearing: ‘No proof to show he had or consumed drugs; WhatsApp chats from 2018’, Rohatgi argues

Senior Advocate and former Attorney General Mukul Rohatgi on Tuesday argued before the Bombay High Court the bail plea of Aryan Khan, actor Shah Rukh Khan’s son arrested after a seizure of drugs on a cruise ship. Rohatgi submitted that no contraband was recovered from Aryan and there was nothing in his possession, making his arrest arbitrary.

He added that Aryan’s medical examination was not conducted to show consumption of contraband by the applicant, none of the WhatsApp chats recovered by Narcotics Control Bureau (NCB) from his phone relate to the said cruise party, and there was no material to show that Aryan had financed illicit drug trafficking. Read More

19:50 (IST)26 Oct 2021
Aryan Khan bail hearing adjourned for Oct 27: Key arguments made in Bombay HC today

The Bombay High Court Tuesday adjourned the bail plea of Aryan Khan, actor Shah Rukh Khan’s son arrested in the cruise drug seizure case, to Wednesday. Senior Advocate and former Attorney General for India Mukul Rohatgi, who was representing Aryan, argued that no drugs had been recovered from him, and no medical test had shown he consumed drugs. 

Here are the top developments from Aryan Khan bail hearing:

🔴 The NCB said Aryan is an influential person and is likely to tamper with evidence or flee justice if released on bail. It further added that evidence shows that Aryan was in touch with persons abroad who were a part of an international drug network.

🔴 NCB said material collected during the investigation primarily revealed that Aryan had played a role in the illicit procurement and distribution of contraband procured from Arbaaz Merchant. Read the full report here

18:24 (IST)26 Oct 2021
Two accused in cruise ship drug bust case granted bail

A special court has granted bail to Avin Sahu and Manish Rajgariya arrested in the cruise ship case. Sahu was booked for alleged consumption of ganja on the cruise while Rajgariya was held for possession of 2.4 grams of ganja. They are the first two accused to be granted bail in the case.

18:16 (IST)26 Oct 2021
In pic | Scene outside Bombay HC

Scene outside Bombay High Court where Aryan Khan's bail plea hearing was held.

18:12 (IST)26 Oct 2021
Bombay HC adjourns hearing in Aryan Khan’s bail plea for tomorrow

After senior advocate Amit Desai made arguments for another applicant for sometime and said he will take another half hour to argue, the court adjourned the hearing on bail pleas to tomorrow afternoon due to paucity of time.

17:50 (IST)26 Oct 2021
Advocate Subhash Jha intervenes, claims 'precedence given to present matter over hundreds of pending bail pleas' 

Advocate Subhash Jha intervened and said that there is precedence given to present matter over the hundreds of other pending bail applications. 

To which, Justice Sambre said,  "I do not rise without completing my board. You've appeared before me. Your contention that the privilege is given to certain persons is not right. Whosoever comes gets a hearing. I am sensitive to your concerns hence I sit till 7. Else I could sit till 4.30 and curtail my board."

17:42 (IST)26 Oct 2021
Rohatgi hands over The Indian Express article referring to Social Justice ministry's remarks on reformation in drugs consumption, says important because of Aryan's parents

Rohatgi hands over an article in the Indian Express referring to remarks by social justice ministry on reformation in drugs consumption and says it is an important case for media because of his (Aryan) parents. It is a fit case for bail, says Rohatgi and concludes his arguments for Aryan Khan.

17:34 (IST)26 Oct 2021
Opportunity of reforms for young persons accused in NDPS cases: Rohatgi cites past SC, HC judgments to support argument

Rohatgi cites past judgements of the Supreme Court and HCs to support his case. He cited order of the Bombay HC from August, this year, which spoke about "opportunity of reforms" for young persons accused in NDPS cases. 

17:23 (IST)26 Oct 2021
Chat between two friends who play poker online used to establish consumption of drugs, senior counsel Amit Desai tells HC

'My (Aryan Khan) connection is with two people, Arbaaz and accused no 17, who was not on cruise and arrested from his house on October 6. The recovery of ganja from accused 17 is of 2.6 grams and surprisingly NCB did not seek his remand later. Accused no 17 is young college kid and also in friend circle. He was a person with whom Aryan Khan was playing online poker and there is communication about it. That was used to say that there was consumption of drugs. There is no conspiracy. There was chitchat between two friends who play poker and it is from 18 months ago, and same is not connected to this case,' senior counsel Amit Desai told HC.

17:04 (IST)26 Oct 2021
No material to show that Aryan financed the illicit trafficking of drugs, says Rohatgi

"There is no case of conspiracy at all and there is no abetment and I am not in any master-servant relationship. That's the position of all the facts before court. I am not admitting any consumption or use. These are young boys. Even if you admit 'conscious possession' of 6 grams, the idea is law (NDPS Act) provides for young boys with no antecedents as victims, rather than those persons who are hardened criminals. They are entitled for rehab and there is immunity to prosecution in rehab."

He refers to a newspaper article pertaining to reforms suggested by Social Justice Ministry and says, "Approach should be not to put people in jail but put them in rehab. There is no material to show that Aryan financed the illicit trafficking of drugs," says Rohatgi.

16:53 (IST)26 Oct 2021
Kindly keep me away from that controversy: Rohatgi appearing for Aryan Khan tells HC

The zonal director of NCB in his affidavit said that it (allegation) is on account of the enmity with a political personality (Nawab Malik) whose son-in-law was arrested. Today what is being said is kind of rebounding on me. Kindly keep me away from that controversy. I ( Aryan Khan) don't have any grievance: Rohatgi added.

16:50 (IST)26 Oct 2021
Not concerned, nor making any allegations on recent unsavoury controversy going on with panch-witness: Rohatgi appearing for Aryan Khan

"As of today 23 days have gone by and if my client is right, it would be fit case of bail. There is recent unsavoury controversy going on with panch-witness. I'm not concerned with the said controversy and I don't accuse any officer of NCB. That controversy did spill-over to me and rebounding me but I am not concerned and not making any allegations. Kindly keep me away from it. I have good case and I don't want so sully it due to this," argues Rohatgi.

16:44 (IST)26 Oct 2021
None of WhatsApp chats recovered from phone relate to cruise party, Aryan tells HC

"According to me there is no consumption or possession and even if concious possession is concerned, punishment is for one year. Aryan is not charged with section 27A of the NDPS Act as it was just one incident. However, they've charged Aryan with conspiracy under section 29. It is general, vague situation. Their charge of conspiracy is to cover section 27A and once it is invoked, the bar for granting bail under section 37 of the NDPS Act kicks in. There is no past conviction in this case."

"NCB said that there are WhatsApp chats recovered from my phone. None of those chats relate to cruise party. That is very important," Rohatgi goes on to argue. "There is no case that any of those chats had anything to do with onset of this saga. To use general phrase of conspiracy, there is no material whatsoever," he adds.

16:36 (IST)26 Oct 2021
'No medical examination of Aryan Khan to show there was consumption': Rohatgi appearing for Aryan Khan.

Rohatgi says Aryan Khan and Arbaaz Merchant were called and pursuant to the advertisement, they arrived on the afternoon of October 2 at the cruise terminal in Mumbai.

'The NCB sent officers to apprehend customers. Aryan and Arbaaz were apprehended. Merchant had 6 gram of charas recovered from his shoes as per NCB and he's denying it. My client is not concerned with it, except that he is my friend. There was no medical examination of Khan to show that there was consumption.'

16:29 (IST)26 Oct 2021
'No recovery from applicant, there wasn't anything in his possession; no occasion to arrest': Rohatgi to HC

Rohatgi argues that the whole saga began on October 2. "The applicant is 23-year-old and was earlier in California in USA. There was a cruise from Mumbai to Goa and he was invited on the cruise as a guest by one Prateek Gaba. There was no recovery from the applicant and there wasn't anything in his possession. There was no occasion to arrest my client."

16:27 (IST)26 Oct 2021
Chaos in courtroom to enter inside

Hearing gets interrupted due to commotion outside courtroom as limited people allowed inside. Desai tells court that their juniors and papers/documents are outside the courtroom. He requests assistance from the court so that the juniors can come in and get papers. Rohatgi resumes arguments.

16:19 (IST)26 Oct 2021
Hearing begins; Senior advocate Mukul Rohatgi begins arguments for Aryan Khan

Hearing begins; senior advocate Mukul Rohatgi begins arguments for Aryan Khan

16:18 (IST)26 Oct 2021
Senior advocate Amit Desai arrives to appear for Aryan Khan

Senior advocate Amit Desai also arrives to appear for Aryan Khan

16:11 (IST)26 Oct 2021
Former Attorney General Mukul Rohatgi, advocate Satish Maneshinde, ASG Anil Singh in court; Aryan Khan's bail plea hearing to begin shortly

Senior advocate and former Attorney General Mukul Rohatgi and advocate Satish Maneshinde arrived in court. ASG Anil Singh for NCB also present in the court. The bench is currently hearing matter at serial no 52, while Aryan's bail plea listed at serial no 57

15:37 (IST)26 Oct 2021
Courtroom after Covid-19 protocol violated

After the post-lunch session began and a kept back matter was being heard, Justice Nitin W Sambre of the Bombay High Court rose as the Covid-19 protocol wasn't followed in cramped courtroom. The court staff and associates said that only those advocates and their juniors appearing for matters between serial no 45 to 55 should stay in court, failing which the bench will not assemble. Aryan Khan's bail plea is listed at sr no 57.

The courtroom was emptied with the help of police and the court staff, which took nearly 10-15 minutes. Media persons were allowed to enter the courtroom after the judge assured the same. Justice Sambre resumed the session and currently hearing matters kept back in pre-lunch session. The judge is likely to take up matters serially from item no 44 thereafter.

Wankhede’s application states that he has perused a copy of the affidavit filed by Prabhakar Sail, one of the witnesses in the case. (Express Photo by Ganesh Shirsekar)

A special NDPS court here Monday refused to pass a blanket order barring authorities from taking cognizance of an affidavit of an independent witness in the alleged drugs case involving Bollywood actor Shah Rukh Khan’s son Aryan. In the affidavit filed Sunday, the witness, Prabhakar Sail, had accused Narcotics Control Bureau (NCB) Mumbai Zonal Director Sameer Wankhede and others of trying to extort money from Khan in the case.

The NCB filed an application and Wankhede separately filed an affidavit before Special Judge V V Patil, designated to hear cases related to the Narcotic Drugs and Psychotropic Substances (NDPS) Act, seeking that no cognizance be taken of Sail’s affidavit. They argued that Sail’s allegations were an attempt to scuttle the investigation into the case. In its affidavit, the NCB also sought orders to ensure there was no tampering with the evidence or investigation.

Indrani Mukerjea seeks anticipatory bail in 2017 jail rioting case

In other news, former media executive Indrani Mukerjea has approached sessions court seeking anticipatory bail in a case registered against her and over 30 other inmates on charges of rioting at Byculla jail after the death of inmate Manjula Shetye in 2017.

Mukerjea’s plea filed by lawyer Sana Raees Khan stated that the chargesheet filed this year against the inmates including her is vague on the allegations against each of the accused.

Mumbai: Retired bank manager falls to online KYC fraud, loses Rs 3 lakh

A retired bank manager was duped of Rs 3 lakh by a cyber fraudster who impersonated a mobile network service company’s executive on phone and tricked him into revealing his bank details.

The 64-year-old lodged an FIR with the Dombivali police on October 24. The incident took place on the same day in the afternoon.

The man had received an SMS purported to be sent by his mobile network service company. The message said that his SIM was being blocked as he had not updated the Know Your Customer (KYC) details.

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