Rohatgi - If there is constitutional infirmity, it cannot be cured by remand.
Rohatgi refers to SC judgment in Madhu Limaye case.
Rohatgi - Article 22 of the constitution is more important 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.
Now Mukul Rohatgi makes submissions for Aryan Khan.
Rohatgi says arrest memo did not give true and correct grounds for arrest. He refers to Sec 50 CrPC.
Desai : I am seeking bail in a case where the punishment is only one year. And where there is no evidence of conspiracy.
Desai : Investigation won't be stopped if bail is given.
Desai: What is the need for custody when the maximum punishment is one year (imprisonment)?
Desai - The fundamental thing is, if all these(chats) are going to be treated as confessions, then such type of evidence has already been discarded by Justice Dere in a judgement.
They call it an international drug traffic which is absurd and false.
Desai again points out there is no seizure panchnama of the phones. "They argued phones were voluntarily handed over. But with personal devices, it is important to have a memo for veracity", he argues.
Desai: WhatsApp chats are inadmissible without Section 65B certificate. Digital evidence has to be verified and Punjab and Haryana HC had said so in an NDPS matter.