Aryan Khan's Bail Plea: Bombay High Court To Hear NCB Tomorrow

Justice NW Sambre heard Senior Advocate Mukul Rohatgi for Aryan Khan and Senior Advocate Amit Desai for Arbaaz Merchant. Live Updates from hearing here.

Advocate Kashiff Ali appearing for accused Munmun Dhamecha began arguments and will tomorrow. The Bench will also hear ASG Anil Singh for the Narcotics Control Bureau.

The trio was arrested by the NCB on October 3. They had moved the High Court following rejection of bail by the Special NDPS Court.

Meanwhile, two guests from the cruise party have been granted bail, on prima facie finding of non-involvement in the alleged drugs conspiracy.

Arguments in brief

All the accused maintain that there was no conspiracy, as alleged by the NCB.

Senior Advocate Mukul Rohatgi yesterday argued that there was no occasion to arrest Aryan Khan as nothing was recovered from him and there is nothing on record to show that he had consumed anything either.

10 Quotes From Aryan Khan's Bail Hearing Before Bombay High Court

Today, he argued that the Courts were misled by the NCB to believe that large quantities of contraband were recovered from the accused. He further submitted that the anti-drugs agency had proceeded in sheer violation of Article 22 of the Constitution.

Senior Advocate Amit Desai also continued arguments for Arbaaz Merchant. He pointed out that at the time of arrest, the trio was not booked for conspiracy under Section 29 of the NDPS Act. however, now, the anti-drugs agency is roping in anybody and everybody using an "umbrella charge of conspiracy" to attract the rigours on grant of bail under Section 37 NDPS Act.

He also stated that the allegedly incriminating WhatsApp chats have no connection with the instant matter and in any case, they are inadmissible without a proper certificate under Section 65B of the Indian Evidence Act. Read more here.

Advocate Ali Kashif Khan appearing for Munmun Dhamecha claimed before the High Court that Munmun Dhamecha was invited on the cruise and she was in the room along with one Somiya and Baldev when the NCB came for the alleged search.

Nothing was recovered from Dhamecha during the personal search while rolling paper used to smoke up and was recovered from Somiya, Ali claimed from the NCB's seizure panchnama.

"But Somiya and Baldev were allowed to go…NCB has failed to prove who brought the drugs which are being foisted on me. And if they can't find where it came from, then all 1300 people (in the cruise) should be arrested in the case," he argued.

He added that the case against Munmun is of conscious possession whereas she has no concern with the drugs.

"Even if I am medically examined now, nothing will be found. The NCB has failed to show my nexus or connection…I never consumed drugs. The case against me is completely bogus."

He added that Section 29 of the NDPS Act for conspiracy has been misused by the NCB by joining small quantity people with those from whom intermediary and commercial quantities were recovered.

The three accused are booked under sections 8(c) read with 20b (purchase), 27 (consumption), 28 (attempt to commit offence), 29 (abetment/ conspiracy) and 35 (presumption of culpable mental state) of the NDPS Act.

Compiled by Akshita Saxena