Aryan Khan seeks bail, says no drugs seized from him

NCB says he may flee justice if his application is granted.

Former Attorney General of India (AGI) Mukul Rohatgi representing Aryan Khan in the drugs-on-cruise case, arrives at Bombay High Court in Mumbai on October 26, 2021.

While arguing for Aryan Khan’s bail, his lawyer told the Bombay High Court on Tuesday that no drugs had been recovered from Mr. Khan nor was any medical test conducted to show consumption.

Senior advocate Mukul Rohatgi, former Attorney General of India, appeared on behalf of Mr. Aryan Khan — son of actor Shah Rukh Khan — before a single judge Bench of Justice Nitin Sambre.

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Mr. Rohatgi stated that six grams of

charas were recovered from Arbaaz Merchant’s shoes and Mr. Khan was not concerned with it.

“There is no conscious possession. There has been no recovery from him [Mr. Khan] and no medical examination has been conducted to show any consumption,” the lawyer stated.

Referring to the Whatsapp chats relied upon by the Narcotics Control Bureau (NCB) against Mr. Khan, Mr. Rohatgi contended the chats are of 2018 and have “nothing to do with this saga”.

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NCB’s reply

Opposing Mr. Khan’s bail, the NCB filed its reply that said, “Khan is an influential person and is likely to tamper with evidence or flee justice if released on bail. During the investigation, some international linkages of Khan have been unearthed which prima facie indicate illicit drug procurement. He was in touch with persons abroad who were part of an international drug network. Material collected during investigation primarily revealed that Khan had played a role with respect to illicit procurement and distribution of contraband.”

The NCB stated that Mr. Khan had procured contraband from his friend Arbaaz Merchant. Mr. Khan and Mr. Merchant had been in close collaboration to procure drugs, which was sufficient to attract charges of conspiracy under Section 29 of the Narcotic Drugs and Psychotropic Substances Act, the agency said . The role of one accused cannot be dissected from another. The investigation revealed that all persons form part of a larger chain and their involvement in conspiracy to commit illegal acts cannot be ruled out, the NCB said.

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It added that there was sufficient material in the form of WhatsApp chats, pictures, etc. to show that Mr. Khan was an active part of the illicit drug chain with other co-accused. In view of the above, the quantum of recovery (of drugs) from one individual was inconsequential and none of them can be considered in isolation for grant of bail, the central agency stated.

Meanwhile, an advocate approached the Bench and complained about hearing Mr. Khan’s case on priority while there were many others who languished in jails.

Senior advocate Amit Desai representing Mr. Merchant will make his arguments on October 27.