Aryan Khan Bail hearing: Mukul Rohatgi to argue [LIVE UPDATES from Bombay High Court]

The Bombay High Court is slated to hear the bail plea filed by Aryan Khan, son of Bollywood actor Shahrukh Khan in the cruise ship drug case. Khan's plea for bail was earlier rejected by the Magistrate and Sessions Court after which he filed the present appeal before the High Court.Justice Nitin Sambre will hear the matter physically. Senior Advocate and former Attorney General for India, Mukul Rohatgi will be appearing for Aryan Khan. Read Live Updates from the Bombay High Court below..Our Mumbai correspondent, Neha Joshi will report from Justice Nitin Sambre's court as this is not a virtual hearing but a physical person hearing..Karanjawala & Co. team led by Senior Partners Ruby Singh Ahuja and Sandeep Kapur have reached Bombay High Court. Senior Advocate Mukul Rohatgi is expected to reach shortly..In its reply, NCB has claimed that Aryan Khan has international linkages, is an influential person and can derail probe and tamper with evidence. The manner in which the affidavit by witness Prabhakar Sail was clandestinely distributed and widely publicised in the media was an example of malafide attempt to derail the probe, the NCB has claimed. .Aryan Khan has filed a two-page affidavit distancing himself from Prabhakar Sail. Khan has prayed that the court should decide his bail plea on merits uninfluenced by allegations and counter allegations by others. Khan in his affidavit also said that he has no allegation against anyone in the prosecution..Court is currently on lunch break..Bench has reassembled. Court is now hearing 'kept back' cases. .Senior Advocate Mukul Rohatgi has reached the Court..COVID protocol not being followed, Justice Sambre rises. Asks Associate to ensure that protocol is being followed..Court associate: Court will not sit if the protocol is not followed.Only Sr. No. 45-55 to be inside court..Justice Sambre is standing at the door waiting for the court to clear out..Court associate orders everyone to clear the Court..Justice Sambre sends police officials into Court to ensure people leave the Courtroom..Commotion outside Justice Sambre’s court..Court is hearing the last kept back matter. The Court will continue hearing matters serially from Item no. 45..Kept back matters are over. Court begins hearing item no. 45..ASG Anil Singh has come to Court..ASG’s team including Advocate Shreeram Shirsat and SPP Advait Sethna are also in Court..Court is now hearing Item no. 51. Five more matters to go before Aryan Khan's Bail hearing..Senior Advocate Mukul Rohatgi and Advocate Maneshinde have come to Court..Commotion outside Justice Sambre’s court. Can be heard inside the courtroom.Lawyers are being let in only one by one..Senior Advocate Mukul Rohatgi: I beg to appear in first of these matters for Aryan Khan. Lordship may note, I have filed a one page rejoinder. .Senior Advocate Amit Desai (Also for Aryan Khan): Our juniors and papers are outside. Some assistance from the court, so that our papers and juniors can come in..Sr. Adv. Desai: The police are not able to manage the commotion..Justice Sambre: If you can call your colleague, you can get it delivered from the Judge’s door. There is a lot of commotion, there are loud screams being heard. .Sr. Adv. Rohatgi: May I proceed? I will try to be as brief as possible. He is 23 years of age. He was in California, USA. The present saga starts on Oct 2..Sr. Adv. 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..Sr. Adv. 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..Sr. Adv. Mukul Rohatgi arguing for Aryan Khan: It appears that the NCB had prior information that people will be carrying drugs..Sr. Adv. Rohatgi: So NCB sent officers so they could apprehend customers. Aryan Khan and Merchant were apprehended from time to time. There was NO recovery from Aryan Khan and there was NO medical examination to show that there was consumption..Sr. Adv. 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..Sr. Adv. Rohatgi: As far as I (Aryan) am concerned, there is:NO recovery, NO consumption and NO medical test..Sr. Adv. 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..Sr. Adv. Rohatgi: As far as NDPS is concerned, we had raised this issue in Supreme Court. We raised this issue in several petitions of special acts. As these are officers & not police. So if you record statement as police..Sr. Adv. 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..Sr. Adv. 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. .Sr. Adv. 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..Sr. Adv. Rohatgi: 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..Sr. Adv. Rohatgi: My case is NOT conscious possession at all. What somebody had in their SHOE or wherever is not my concern..Sr. Adv. Rohatgi: There is an old judgement. I will give citation. So basically, this conscious possession is against me, because there was nothing found with me..Sr. Adv. Rohatgi: There is another thing against me. It is not a case that party was going on and people were consuming. So, why was my client targeted?.Sr. Adv. Rohatgi: What was recovered was small, 6 gms. The sizes are small, medium and large. Sorry, I mean small intermediary and commercial. (Everyone laughs).Sr. Adv. 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!.Sr. Adv. 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..Sr. Adv. 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..Sr. Adv. Rohatgi: There is no prior conviction in this case..Sr. Adv. Rohatgi: As for the WhatsApp chats, they were of the time period of 2018. None of the chats are from the cruise..Sr. Adv. Rohatgi: 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. .Sr. Adv. 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..Sr. Adv. 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 meeting of minds.But what if the programme aborted?.Sr. Adv. Rohatgi: There is consumption alleged. But there is no smoking, there is no partying, there is only possession in my case.Sr. Adv. Rohatgi is reading arrest memo. I have no case either of consumption or sale or purchase or connection with any other person except Arbaz Merchant..Sr. Adv. Rohatgi: 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).Sr. Adv. 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..Sr. Adv. 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..Sr. Adv. Rohatgi: Kindly keep me away from that controversy. I am making it clear, I have nothing against any NCB officer. I have no grievance..Sr. Adv. Mukul Rohatgi is now reading the panchnama..Sr. Adv. Mukul Rohatgi: It is clear that there is no recovery from me..Sr. Adv. Rohatgi is now reading the first remand application: Please see that section 35 is culpable mental state, it is not an offence. There is no seizure of the mobile phone also. .Justice Sambre: So there is no seizure of mobile phone? What about the WhatsApp chats?Sr. Adv. Rohatgi: No, there is no panchnama for seizure of phones..Sr. Adv. Rohatgi: The WhatsApp chats do not pertain to the cruise or conspiracy, those are old chats..Sr. Adv. 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..Sr. Adv. Rohatgi: I am not admitting to consumption or use. The only thing is conscious possession and that is also small quantity. .Sr. Adv. 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..Sr. Adv. Rohatgi is now reading section 20(b) of the Act. The legislative intent is clear if we read 20(b) with 8(c) Maximum punishment is imprisonment of 1 year- that is maximum and not minimum. There is NO case of harbouring also..Sr. Adv. 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..Sr. Adv. Rohatgi: If you apply Section 29, to 8(c), 20(b) and 27, then then punishment for conspiracy is 1 year and nothing further. Although I am saying there is no material for conspiracy..Sr. Adv. Rohatgi: My case will go to 8(c), 27 and 20(b) and not Section 27A My case is far from Section 27A..Sr. Adv. 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 Section 27 and you go to rehab..Sr. Adv. Rohatgi: I am arguing a case which is actually not there against me. My case is not of possession or consumption. In US and some parts of the world, cannabis is legal.With this compendium of facts, what I am saying that there is no case. There is no consumption, no possession... Why this boy has been sent 20 days in jail?.What the sections mentioned mean:.Sr. Adv. Rohatgi: Accused 17 was not on the cruise, who was named by Khan and Merchant. He was arrested from his house on October 6. Because the officers got some information that there is something with him. But he was found with 2.6 grams!.Sr. Adv. Rohatgi: Max you may link me with Merchant and Accused 17 (Aachit) only after recovery. But I am not linked with anyone else. Conspiracy is when all 20 have met prior and have meeting of minds..Sr. Adv. Rohatgi: These chats are not all on the cruise. Some are on the cruise, some are not. But that is not my concern. I am saying there is no case against me.I want to show some judgments...Court: Please clarify from your chart. You are showing arrows from Khan to A17 (Aachit Kunar).Sr. Adv. Desai: A17 is a young college kid. From all the record that are coming out A17 is a friend with whom Khan was playing online poker and that was the communication exchanged. Based on that communication, they are showing connection..Beyond this communication there is nothing. Khan was asked about the chats and he said he knew due to the online game. Now a days there are a lot of online gaming. I am saying this because there are petitions challenging online games..Sr. Adv. Amit Desai: But there is nothing beyond that poker communication. Sr. Adv. Rohatgi: Exactly. What I am saying is, there is nothing to show that I was financing illicit trafficking..Sr. Adv. Rohatgi: He mentioned about gaming, Milords may remember Rummy. The case of Rummy was there in Supreme Court. Is it not a game of skill? That was challenged because it was alleged to be gambling..wSr. Adv. Rohatgi: The Supreme Court said it was a skill, because even though it depends on the cards, there is skill involved. We have gone beyond this, games have evolved. We have online poker, online cricket.. I am saying this because I have appeared in them..Sr. Adv. Rohatgi is now reading the judgments. .Sr. Adv. Rohatgi: I respectfully submit that I have a better case than all cases, I am citing because there is no recovery from me..Sr. Adv. Rohatgi: The next judgment is by Justice Pitale. One is Ranveer and one is Shanu. Ranveer Singh v. State of Maharashtra and Shanoob KH v. State.Sr. Adv. Rohatgi: Now let me show an important judgment. Ragini Dwivedi v. State of Karnataka. This is an important judgment..Sr. Adv. Rohatgi cites a judgment of Justice Sambre. Sohil samir v. State of Maharashtra..Sr. Adv. Rohatgi: Now let me show an order, Rajesh Vajani of Bombay High Court..Sr. Adv. Rohatgi: It was not in my control, what was found in Merchant’s shoe. Arbaaz is not my servant, he is not in my control, so there is no conspiracy..Sr. Adv. Rohatgi finally reads Justice Dangre’s order of Bombay High Court.Sr. Adv. Rohatgi hands over an article of Indian Express pertaining to remarks by Social Justice Ministry for reformation in drugs consumption..Sr. Adv. Rohatgi: This case is important in media because of his parents. Now going to the unsavoury controversy. Rohatgi reads out NCB reply para 4. .Sr. Adv. Rohatgi: Now this paragraph has mention of manager (Pooja Dadlani), and I filed a rejoinder saying that I am not making any allegations against the officers or panchas & I have no connection..Sr. Adv. Rohatgi: I am respectfully submitting that I am not making any allegation. This is a normal case except for this unsavoury comments. I respectfully submit that this case is for bail..Senior Advocate Amit Desai is appearing for Arbaaz Merchant.Advocate Subhash Jha has filed an intervention application. The court points it out..Jha: There is preliminary application, and that is by the members of the Bar as well. That there is precedence given to this matter over the 100s other pending applications..Court: Mr. Jha you appear in my court, everyday. I do not rise without completing my board. Whosoever comes to court gets a hearing. Jha: On October 20, Your Lordships had risen early. Court: I am sensitive to your concerns hence I sit till 7. Else I can sit till 4.30 and curtail my board. Are you saying that your applications are intentionally not being circulated?.Jha: That day my application was not listed..Court: But I was not expecting this from you.. But I will hear you.Maneshinde: Mine is not the only matter..Court asks if there are any urgent matters on the board which can be taken first. Court associate calls out other matters. Calls out from Serial No. 59..There is another intervenor represented by Advocate Amrish Shah with similar grievance..Arbaaz Merchant begins his arguments..Desai: Whatever my learned friend argued regarding the rigours of S 37 applying should have sufficed in trial court only. The umbrella conspiracy, to try and rope in anybody and everybody, is what is being used in this matter..Desai: It is not a case of 1 year punishment but because there is umbrella conspiracy, and commercial quantity rigours apply..Desai: Did the NCB believe on the afternoon of October 2 & when they exercise power of arrest, they exercise it for Khan & Merchant & Dhamecha.The principles say that the person who is to be arrested should be told about the grounds..Desai: Merchants arrest memo is identical as that of Aryan Khan.Desai reads out memo.What Your Lordship will mark here is Section 27 is offence of consumption, 20(b) is use, purchase and possession..Desai: Now they accosted a group of people, Merchant and Khan before the others. The first three were produced on Sunday and others on next day. So Section 27 and 20(b) but what happens to 29?.Desai: Because that is important. So now let us also see 42(1)(d). Reason to believe commission of offence under this Act..Desai: The others against whom conspiracy and 29 is alleged are produced on the next day. The entire case is based on the statements, the recovery and the WhatsApp chats… Whatever is being argued today is based in the bulk of evidence which was with then from October 2-3..Desai: But the law of conspiracy, the first principles of conspiracy is that there must be an agreement to do an illegal activity..Desai: 1) There must be evidence of agreement prior to commission of the act. 2) There has to be some material at that point to show that there was conspiracy amongst three people who were arrested first but they did not invoke 29..Court: How much time will you take? Desai: I will take 45 mins. ASG: I will also take 45 mins Court: Then we keep it tomorrow.

Aryan Khan Bail hearing: Mukul Rohatgi to argue [LIVE UPDATES from Bombay High Court]

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