In the latest update from the Aryan Khan drug case, Advocate Mukul Rohtagi has informed the Bombay High Court that they should look at the arrest memo again as at the time of arrest, no charges were of conspiracy were made.
The Bombay High Court is hearing Aryan Khan and Arbaz Merchant’s bail plea which was earlier rejected. Merchant’s representing lawyer Amit Desai informed the court that as per the articles assessed on October 3, that the only charges alleged were consumption. He further argued that when the conspiracy charges were not made then, why were they being made now?
Read more: Another Twist In Aryan Khan Tale
He argued that the arrest was illegal. He quoted the Supreme Court’s judgement which said that the arrest is an extreme measure and should only be exercised to prevent the person from committing another crime or to prevent the accused from running away.
Desai argued that the arrest memo for the three only accused them of consumption and possession. The conspiracy part was added later. He accused the prosecutor of misleading the Special Courts.
Further talking about the whatsapp chats being a concern, there is no evidence argued that with the whatsapp chats received so far, there is no evidence of conspiracy theory being a part of the case. With the no mention of conspiracy in the arrest memo, it has demolished the accusations of conspiracy.
“We are struggling with the problem of media trial”, said Desai.
He argued that the whatsapp chats indicating “blast” at the party only indicates consumption (at maximum). As Mukul Rohtagi pointed out that it was more about a plan that didn’t happen. He added that the a medical test was conducted to ascertain the consumption.
“We were arrested for an offence, under Section 27 of NDPS Act, which didn’t take place,” said Desai.