The Bombay High Court has adjourned the bail hearing of Aryan Khan, Arbaaz Merchant and Munmun Dhamecha to Thursday. The Narcotics Control Bureau will respond to the applicants' arguments on 28 October.
The three have been arrested by the NCB following a raid on a luxury cruise off the coast of Mumbai.
During Wednesday's hearing, Advocate Amit Desai, appearing for Arbaaz, stated that the accused have only been charged with possession of small quantities and consumption, punishment for which is one year. Desai argued that for alleged offences punishable with less than one year, a notice under Section 41a of the CrPC should have been issued. Since the notice wasn't served to the three of them, bail should be granted, Desai emphasised.
Former Attorney General Mukul Rohatgi, representing Aryan, told the court that the arrest memo did not give true and correct grounds for arrest.
'Now, Arrest Has Become the Rule and Bail Exception'
Advocate Amit Desai, representing Arbaaz Merchant, argued that Aryan, Arbaaz and Munmun were only charged with possession of small quantities and consumption.
"Even those who apprehended them, treated the three as coming on the cruise individually. Punishment for which is one year", Desai told the court.
"Arrest memo of the three people clearly indicates that they were not arrested for conspiracy but for possession/consumption. Conspiracy was added later. Special court was misled by prosecution that they were arrested for conspiracy," Desai submitted.
He further stated that when the alleged offences are punishable with less than one year, a notice under Section 41a of the CrPC should have been issued, asking them to join the investigation. "Bail is the rule and jail is the exception. Now it has become 'arrest is the rule and bail is the exception'", Desai said, adding that since a notice wasn't served to the three of them, they should be released on bail.
Desai also referred to the bail granted by a Special NDPS court to two others who were arrested in the same case. The two were booked for consumption, possession and conspiracy under section 29.
Speaking about alleged drug-related WhatsApp chats between Aryan and others, Desai said that "there are no chats that connect conspiracy to the party". He also argued that the chats are inadmissible without section 65B certificate.
'Memo Did Not State Correct Grounds For Arrest': Aryan Khan's Lawyer
Former Attorney General Mukul Rohatgi, representing Aryan, told the court that the arrest memo did not give true and correct grounds for arrest. "Article 22 of the constitution is more imp than Section 50 of CrPC. It states that no person should be held without being informed about the grounds of arrest and the person shall have the right to consult a lawyer of his choice", he stated.
During the hearing on Tuesday, Aryan denied any involvement with the controversy surrounding any NCB official. The NCB alleged that there was witness tampering in the case and that is ground to deny bail to the accused.
Former Attorney General Mukul Rohatgi is representing Aryan in the High Court. Aryan, Arbaaz and Munmun have been in jail since 8 October. Following a special NDPS court's verdict rejecting Aryan's bail plea, he filed an application in the High Court.
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