For the third time, the 23-year old primary accused in the Mumbai cruise ship drug case – Aryan Khan’s bail has taken a back seat.
The Bombay High Court has adjourned the hearing till tomorrow 3 pm after hearing the arguments from the advocates of Aryan and other accused – Arbaz Merchant and Munmun Dhamecha.
The hearing started with the senior counsel Amit Desai’s arguments. He asked the court that the law is bail and jail is exception. But now it has changed to arrest being the rule and bail being an exception. He said that the three were arrested on the charges of consumption and possession as mentioned in the arrest memo. But the case being built against them is about conspiracy.
Desai informed the court that the if the three arrestees doing individual acts were arrested under 20(b) and 27.
“But what was the need to arrest them? There was no conspiracy.”
With the arrest memo not mentioning any conspiracy charges, he said that this demolishes the theory itself. Furthermore, he argued that even via the Whatsapp chats, no evidence has been recovered.
Meanwhile, Aryan Khan’s lawyer Mukul Rohtagi argued that the Article 22 of the Constitution is more important than section 50 of CrPC. It states that no arrested person shall be held without being informed of the grounds of arrest. And the person should have the right to consult a lawyer of choice.
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. He further informed the court that no drugs were recovered from Aryan Khan at the time of arrest and his arrest memo is similar to the rest.
Aryan Khan is currently lodged in Arthur Road jail in Mumbai along with Arbaaz Merchant and Munmum Dhamecha. Khan has been in the judicial custody for more than two weeks.