What Mukul Rohatgi Said While Demanding Bail For Aryan Khan | 50 Points

Former Attorney General of India, Mukul Rohatgi, on Tuesday appeared for Shah Rukh Khan's son Aryan Khan before the Bombay High Court. He put forward a strong plea for Shah Rukh Khan’s son’s bail in the court today. | 50 Points.

Mumbai: Former Attorney General of India, Mukul Rohatgi, on Tuesday appeared for Shah Rukh Khan‘s son Aryan Khan before the Bombay High Court in the drug bust case. He made a strong plea for Shah Rukh Khan’s son’s bail in the court today. The court heard the arguments of Rohatgi for bail of Aryan Khan, and adjourned the hearing for tomorrow at 2:30 pm.

The Narcotics Control Bureau (NCB), on the other hand, objected to Aryan Khan’s bail application and claimed that he can influence the process of investigation and that the agency needs more time unwrap the international drug racket. However, Rohatgi strongly stated that there was no recovery of drugs from Aryan and no proof of consumption or selling or purchasing of drugs. Rohatgi also stated that no medical test was done nor Aryan’s mobile phone was seized.

In the series of events, India.com is representing you the arguments as it is.

Here’s what Mukul Rohatgi argued while demanding bail for Aryan Khan:

• Mukul Rohatgi Files Rejoinder:

Mukul Rohatgi: I beg to appear in first of these matters for Aryan Khan.

Lordship may note, I have filed a one-page rejoinder.

• Aryan Khan Was In California:

Rohatgi: May I proceed?

I will try to be as brief as possible.

He is 23 yrs of age. He was in California USA. The present saga starts on Oct 2

• Aryan Khan Was Invited By Prateek Gaba:

Rohatgi: There was a cruise from Bombay to Goa, Khan was invited to the cruise as a guest.

He was invited by Prateek Gaba.

He knew Khan and Arbaaz Merchant.

• Aryan Khan Arrived At Cruise Terminal On October 2 Afternoon:

Rohatgi: So Khan and Merchant were called. Pursuant to the advertisement, they arrived on the afternoon of October 2 at the cruise terminal in Mumbai.

• NCB Had Prior Information:

Mukul Rohatgi arguing for Aryan Khan

It appears that the NCB had prior information that people will be carrying drugs

• Aryan Khan Was Apprehended:

Rohatgi: So NcB sent officers so they could apprehend customers. Aryan Khan and Merchant were apprehended from time to time.

• No Medical Examination, No Recovery:

There was NO recovery from Aryan Khan and there was NO medical examination to show that there was consumption.

• 6 Grams Of Charas Recovered From Arbaaz Merchant’s Shoes:

Rohatgi: Merchant had 6 gms of charas which was recovered from his shoes. merchant is denying it. I am not concerned, except that he is my friend.

• No Consumption:

As far as I (Aryan) am concerned, there is

NO recovery,

NO consumption and

NO medical test

• Statement Was Retracted:

Rohatgi: There is nothing against my client.

He was arrested on October 3.

There was a statement recorded under Section 67 which was retracted next date.

• NCB Officials Are Not Police:

#MukulRohatgi – As far as NDPS is concerned, we had raised this issue in SC. We raised this issue in several petitions of special acts. As these are officers & not police. So if you record statement as police.

• Rohatgi Refers To Toofan Singh Judgement

Rohatgi: There is a judgment of Tofan Singh.

Justice Nariman speaking for the court.

NDPS officer who records then statement in the act, it is not admissible in court

• Aryan Khan ‘Wrongly’ Arrested:

Rohatgi: The statements made to NDPS officers are inadmissible. That is what it says.

Since there is no RECOVERY, I submit I am WRONGLY arrested

• No Possession:

Rohatgi: I moved Magistrate, he said no jurisdiction. He said go to district level. Then we moved to district court. That was rejected.

There is NO consumption, there is NO possession

Rohatgi: I moved Magistrate, he said no jurisdiction. He said go to district level. Then we moved to district court. That was rejected.

There is NO consumption, there is NO possession:

• Arbaaz Merchant Had Conscious Possession:

What is put against me is that you came with Arbaz Merchant, so you had conscious possession.

It was far-fetched.

They say it was known to me and I had control.

• My Case Is Not Conscious Possession:

Rohatgi: My case is NOT conscious possession at all.

What somebody had in their SHOE or wherever is not my concern

• There Was Nothing Found:

Rohatgi: There is an old judgment. I will give a citation.

So basically this conscious possession is against me, because there was nothing found with me.

• Aryan Khan Targeted?

Rohatgi: There is another thing against me.

It is not a case that a party was going on and people were consuming.

So why was my client-targeted?

• Small Quantity Recovered:

What was recovered was small, 6 gms.

The sizes are small, medium, and large.

Sorry I mean small intermediary and commercial.

(Everyone laugh)

• Small Amount Not Enough For Custody:

Rohatgi: So this small amount  is not enough to keep me in custody.

Many others have been found with intermediary and commercial quantity.

There is no Section 27A against me!

• Charge of Conspiracy:

Rohatgi:  Now S. 27A is trafficking, like a peddler.

And then Section 29, because Merchant was found with substance.

I do not know anybody but Merchant. So the charge of conspiracy.

• Sections Under 37 Do Not Apply:

Rohatgi: It is my case that Section 37 cannot kick in because sections under 37 do not apply.

But the sessions court has held 37 and conspiracy.

• No Prior Conviction:

Rohatgi: there is no prior conviction in this case.

• WhatsApp Chats Are of 2018:

Rohatgi: As for the Whatsapp chats, they were of the time period of 2018.

None of the chats are from the cruise.

• No Connection Between WhatsApp Chats And Drug Case:

There is no case where those chats with “123” have anything to do with this saga.

Those chats, we will have to see in trial, to be proved and result of that proof.

• Use of General Phrase ‘Conspiracy’ Is Not Right:

Rohatgi: The chats have nothing to do with the current scenario and then to use general phrase like conspiracy is not right apart from that there is no recovery.

• No Meeting of Minds:

Mukul Rohatgi: I go further and put against myself

Assume for the purpose of conspiracy, that 5-10 decided in advance that we will go to the ship

So there is a meeting of minds

But what if the programme aborted?

• No Smoking, No Partying:

Rohatgi: There is consumption alleged. But there is no smoking, there is no partying, there is only possession in my case.

• No Case Of Consumption Or Sale Or Purchase:

Mukul Rohatgi is reading the arrest memo.

I have no case either of consumption or sale or purchase or connection with any other person except Arbaz Merchant.

• Arrest Memo Gives Impression Aryan Was Carrying Drugs:

The arrest memo gives impression that I was carrying drugs.

I will delve at the end of my submissions about panch 1&2 (gosavi and sail)

• I Am Not Connected To Panch:

Rohatgi: There is some unsavoury controversy, but In my rejoinder I make it clear I am not connected to panch 1 (Sail) and 2.

When the controversy arose, by affidavit of panch 2, he filed that affidavit making unsavoury allegation.

• Sameer Wankhede’s Director’s Response:

Rohatgi: The director of the Sameer Wankhede in response, he said that it is on account of the enmity with a political personality whose son in law was arrested, (Nawab Malik)

Today what is being said is kind of rebounding on me.

• Keep Me Away From Controversy:

Rohatgi: Today what is being said is kind of rebounding on me

Kindly keep me away from that controversy. I am making it clear I have nothing against any NcB officer. I have no grievance.

• Mukul Rohatgi Reads Panchnama:

Mukul Rohatgi is now reading the panchnama.

• No Recovery From Aryan:

Mukul Rohatgi: It is clear that there is no recovery from me.

• No Seizure Of Mobile Phone:

Rohatgi is now reading the first remand application.

Please see that section 35 is a culpable mental state, it is not an offence.

There is no seizure of the mobile phone also.

• No Panchnama For Seizure of Phone:

Rohatgi: No there is no panchnama for seizure of phones

• WhatsApp Chats Are Old:

Rohatgi: The Whatsapp chats do not pertain to the cruise or conspiracy, those are old chats.

• I Only Know Merchant Out Of 20 People:

Rohatgi: Those are to some people and supposedly to some international persons.

This is in the past and that is just supposed to show the conspiracy. There is no case that I knew the other 20 people except for Merchant.

• Not Admitting To Consumption:

Rohatgi: I am not admitting to consumption or use.

The only thing is conscious possession and that is also small quantity.

• They Can Be Sent To Rehab, No Need To Undergo Trial:

Rohatgi: These are young boys. They can be sent to rehab and they need not undergo trial.

It had come in some newspaper that the social ministry was mentioning about reform

• Rohatgi Reads Section 20 (b):

Rohatgi is now reading section 20(b) of the Act.

• Maximum Punishment:

Rohatgi: The legislative intent is clear if we read 20(b) with 8(c)

Maximum punishment is imprisonment of 1 yr that is maximum and not minimum. There is NO case of harbouring also.

• Not Financed Drug Trafficking:

Rohatgi: I am not in any case concerned with S. 27A. There is no evidence. I have not financed anyone trafficking.

Kindly see 29 for abetting. The punishment is same as the offence

• No Material For Conspiracy:

Rohatgi: If you apply Section 29, to 8(c), 20(b) and 27, then then punishment for conspiracy is 1 yr and nothing further.

Although I am saying there is no material for conspiracy.

• Case Far From Section 27A:

Rohatgi: My case will go to 8(c), 27 and 20(b) and not Section 27A

My case is far from Section 27A

• Twin Conditions For Bail:

Rohatgi: Out of the twin conditions for bail, Section 37 does not apply because 27A has no application. Section 64A has immunity from prosecution if you are prosecuted under Sec 27 and you go to rehab.

• Cannabis Is Legal:

Rohatgi: I am arguing a case that is actually not there against me.

My case is not of possession or consumption.

In the US and some parts of the world, cannabis is legal.

• Aryan Khan In Jail For 20 Days:

Rohatgi: With this compendium of facts, what I am saying is that there is no case. There is no consumption, no possession… Why this boy has been sent 20 days in jail.