No Bail For Aryan As HC To Continue Hearing Today - ‘Aryan Wrongly Arrested And Kept In Jail For Over 20 Days
Millennium Post Delhi|October 27, 2021
Lawyer says no evidence of consumption, no recovery of drugs

MUMBAI: The Bombay High Court would on Wednesday continue hearing on bail applications of Bollywood actor Shah Rukh Khan’s son Aryan Khan and two other persons arrested by the NCB following alleged drug seizure from a cruise ship off the Mumbai coast earlier this month.

Aryan’s lawyers Mukul Rohatgi and Satish Maneshinde argued before Justice N W Sambre that the Narcotics Control Bureau (NCB) had no evidence against him and the 23-year-old has been wrongly arrested and kept in jail for over 20 days.

Senior counsel Rohatgi contended that the “legislative intent” behind the Narcotic Drugs and Psychotropic Substances (NDPS) Act under which Aryan and others were arrested was a reformation in cases involving small quantities of drugs.

The Act intends that young person be treated as victims and not as accused, he added.

Aryan Khan is a “young boy with no prior antecedents,” Rohatgi added.

“The legislative intent of the NDPS Act is clear about this. Section 64A of the Act provides immunity to those persons who have been accused of possessing small quantities.

“If these persons are agreeable to be sent to rehab, then that should be allowed. Aryan’s case is not even of possession or consumption,” Rohatgi said, adding he cannot be held responsible for some other person’s alleged possession of drugs.

The case was being blown out of proportions by some people who have vested interests and the media was paying attention to it because of some unsavoury controversies, otherwise it was a simple case, he added.

“There is no evidence of consumption, no recovery of drugs and absolutely no evidence to show his participation in this so-called conspiracy and abetment as alleged by the NCB,” Rohatgi said.

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