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Aryan Khan Drugs Case: Bombay High Court To Continue Hearing Bail Plea Tomorrow
The hearing on the bail application of Bollywood star Shah Rukh Khan's son Aryan Khan in connection with a drugs case has been adjourned for tomorrow (October 28, 2021) by the Bombay High Court.
The hearing on the bail application of Shah Rukh Khan's son Aryan Khan in connection with a drugs case has been adjourned for tomorrow (October 28, 2021) by the Bombay High Court. The hearing held today was for bail of Aryan as well as Arbaaz Merchant, Munmun Dhamecha. However, it is set to continue tomorrow, as Additional Solicitor General Anil Singh could not conclude his arguments in time.
The hearing started with senior counsel Amit Desai's arguments for the bail of Arbaz Merchant. He asked the court, "Law is bail is the rule and jail is exception, now it is that arrest is the rule and bail is exception." He argued that the three were arrested for consumption as mentioned on their arrest memo, while the case being build against them is about conspiracy.
"If these are three individuals doing individual act, then what should have been the action punishable under 14(1)(a). After due application of mind 3 people were arrested under 20(b) and 27 but what was the need to arrest them? There was no conspiracy," Amit told the court. Demolishing the case of conspiracy, Amit added that the three did not consume drugs and no evidence has been recovered from the Whatsapp chats.
Meanwhile, Aryan Khan's lawyer Mukul Rohatgi argued "Article 22 of the Constitution is more important than section 50 of CrPC. No person who is arrested not be held without being informed of the grounds of arrest and such person shall have the right to consult a lawyer of his choice. If there is a constitutional informity then that cannot be cured by remand."
"They had the phone. They will tell you they have WhatsApp chats. I am handicapped. I do not know what they have. They chose to mislead the court. I had nothing with me," he added.
Mukul Rohatgi also told the court that no drugs were recovered from Aryan at the time of the arrest, his arrest memo is identical to others. "What it refers to are items not recovered from me. There is a legal connotation for this. The law says you must give true and correct grounds for this. Persons arrested have the right to be informed of arrest and grounds of bail"," he added.
Aryan is currently lodged in Arthur Road jail in Mumbai along with Arbaaz Merchant, Munmun Dhamecha. SRK's son has been in judicial custody for over two weeks. Last week Aryan's custody was extended till October 30.
