Thread by @barandbench

[LIVE UPDATES] Bombay High Court to hear Aryan Khan Bail plea today

- Justice Nitin Sambre to hear the matter
- Former Attorney General Mukul Rohatgi to appear for Aryan Khan

#AryanKhan #ShahrukKhan #AryankhanDrugsCase #SameerWankhende #BombayHighCourt #MukulRohatgi

Neha Joshi will report from Justice Nitin Sambre Court as this is not a virtual hearing and an in person hearing.

#AryanKhan #ShahrukKhan #AryankhanDrugsCase #SameerWankhende #BombayHighCourt #MukulRohatgi @Neha_Jozie

Prabhakar Sail had filed a detailed affidavit making allegations at NCB officials.

Here are 17 points from his affidavit

Story - bit.ly/3pxEIgs

#AryanKhan #ShahrukKhan #AryankhanDrugsCase #SameerWankhende #BombayHighCourt #MukulRohatgi

Scenes outside Bombay High Court

#AryanKhan #BombayHighCourt #AryankhanDrugsCase

The matter is listed as item 57. Court is currently hearing item 28.

#AryanKhan #BombayHighCourt

NCB’s reply on #AryanKhan’s bail application has been served on Aryan Khan’s lawyers. It will be filed shortly.

#NCB
#BombayHighCourt

Karanjawala & Co. team led by Senior Partners Ruby Singh Ahuja and Sandeep Kapur have reached Bombay High Court.

Senior Advocate Mukul Rohatgi is expected to reach shortly.

#AryanKhan #BombayHighCourt #AryanKhanDrugsCase

[BREAKING] Aryan Khan has international linkages, can derail probe; publicising Prabhakar Sail affidavit is example: NCB to Bombay High Court

#AryanKhanArrested #AryanKhanDrugsCase

Read full story: bityl.co/9HZI

Judge has risen for lunch. Court has reached till item no 44.

#AryanKhan #AryanKhanDrugCase #SameerWakhende #KPGosavi #PrabhakarSail

[BREAKING] Aryan Khan distances from Prabhakar Sail affidavit, tells Bombay High Court no allegation against anyone in prosecution

@Neha_Jozie reports

#AryanKhan #BombayHighCourt #PrabhakarSail

Read story: bityl.co/9Hct

Circulating Prabhkar Sail affidavit to media shows Aryan Khan trying to derail probe: NCB

Have no connection with Prabhakar Sail affidavit: Aryan Khan

@Neha_Jozie with details

#AryanKhan #PrabhakarSail #NCB

Read full story here: bityl.co/9Heo

Senior Advocate Mukul Rohatgi has reached #BombayHighCourt.

Meanwhile Justice Nitin Sambre is taking kept back matters.

#AryanKhan
#AryankhanDrugsCase
#AryanKhanBail

COVID protocol not being followed, Justice Sambre rises. Asks Associate to ensure that protocol is being followed.

#AryanKhanBail
#AryankhanDrugsCase
#AryanKhan

Court associate: Court will not sit if the protocol is not followed.
Only Sr no 45-55 to be inside court.

#AryanKhan
#AryankhanDrugsCase
#AryanKhanBail

Justice Sambre is standing at the door waiting for the court to clear out.

#AryanKhan
#AryankhanDrugsCase
#AryanKhanBail

Court associate orders everyone to clear the Court.

#AryanKhan
#AryanKhanBail
#AryankhanDrugsCase

Justice Sambre sends police force in Court to ensure that people leave the Courtroom.

#AryankhanDrugsCase
#AryanKhan #BombayHighCourt

Commotion outside Justice Sambre’s court.

#AryankhanDrugsCase #AryanKhanBail #AryanKhan

Reporters have been let in.

#AryanKhanDrugsCase
#AryanKhan
#AryanKhanBail

Court is hearing the mast kept back matter. The Court will continue hearing matters serially from Item no. 45.

#MukulRohatgi #AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt

Kept back matters are over. Court begins hearing item no. 45.

#MukulRohatgi #AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt

ASG Anil Singh has come to Court.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt

ASG’s team including Advocate Shreeram Shirsat and SPP Advait Sethna are also in Court.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt

Court is now hearing Item no 51. Five more matters to go before #AryanKhanBail hearing.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt

Senior Advocate Mukul Rohatgi and Advocate Maneshinde have come to Court.

#MukulRohatgi #AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt

Commotion outside Justice Sambre’s court. Can be heard inside the courtroom.

Lawyers are being let in only one by one.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi

Aryan Khan Bail matter called out.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi

Mukul Rohatgi: I beg to appear in first of these matters for Aryan Khan.

Lordship may note, I have filed a one page rejoinder.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi

Amit Desai (Also for Aryan Khan): Our juniors and papers are outside.

Some assistance from the court, so that our papers and juniors can come in.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Desai: The police are not able to manage the commotion.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Justice Sambre: if you can call your colleague, you can get it delivered it from the judge’s door.

There is a lot of commotion, there are loud screams being heard.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: May I proceed?

I will try to be as brief as possible.

He is 23 yrs of age. He was in California USA. The present saga starts on Oct 2

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: There was a cruise from Bombay to Goa, Khan was invited to the cruise as a guest.

He was invited by Prateek Gaba.

He knew Khan and Arbaaz Merchant.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: So Khan and Merchant were called. Pursuant to the advertisement, they arrived on the afternoon of October 2 at the cruise terminal in Mumbai.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Mukul Rohatgi arguing for Aryan Khan

It appears that the NCB had prior information that people will be carrying drugs

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: So NcB sent officers so they could apprehend customers. Aryan Khan and Merchant were apprehended from time to time.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

There was NO recovery from Aryan Khan and there was NO medical examination to show that there was consumption.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: Merchant had 6 gms of charas which was recovered from his shoes. merchant is denying it. I am not concerned, except that he is my friend.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

As far as I (Aryan) am concerned, there is

NO recovery,
NO consumption and
NO medical test

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: There is nothing against my client.

He was arrested on October 3.

There was a statement recorded under Section 67 which was retracted next date.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

#MukulRohatgi - As far as NDPS is concerned, we had raised this issue in SC. We raised this issue in several petitions of special acts. As these are officers & not police. So if you record statement as police

#AryanKhanDrugsCase #AryanKhanBail #BombayHighCourt #AryanKhanCase

Rohatgi: There is a judgment of Tofan Singh.

Justice Nariman speaking for the court.

NDPS officer who records then statement in the act, it is not admissible in court

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: The statements made to NDPS officers are inadmissible. That is what it says.

Since there is no RECOVERY, I submit I am WRONGLY arrested

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: I moved Magistrate, he said no jurisdiction. He said go to district level. Then we moved to district court. That was rejected.

There is NO consumption, there is NO possession

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

What is put against me is that you came with Arbaz Merchant, so you had conscious possession.

It was far fetched.

They say it was known to me and I had control.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: My case is NOT conscious possession at all.

What somebody had in their SHOE or wherever is not my concern

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: There is an old judgement. I will give citation.

So basically this conscious possession is against me, because there was nothing found with me.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: There is another thing against me.

It is not a case that party was going on and people were consuming.

So why was my client targeted?

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

What was recovered was small, 6 gms.

The sizes are small, medium and large.

Sorry I mean small intermediary and commercial.

(Everyone laugh)
#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: So this small amount is not enough to keep me in custody.

Many others have been found with intermediary and commercial quantity.

There is no Section 27A against me!

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi:

Now S. 27A is trafficking, like a peddler.

And then Section 29, because Merchant was found with substance.

I do not know anybody but Merchant. So the charge of conspiracy.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: It is my case that Section 37 cannot kick in because sections under 37 do not apply.

But the sessions court has held 37 and conspiracy.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: there is no prior conviction in this case.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: As for the Whatsapp chats, they were of the time period of 2018.

None of the chats are from the cruise.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

There is no case where those chats with “123” have anything to do with this saga.

Those chats, we will have to see in trial, to be proved and result of that proof.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: The chats have nothing to do with the current scenario and then to use general phrase like conspiracy is not right apart from that there is no recovery.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

#MukulRohatgi: I go further and put against myself

Assume for the purpose of conspiracy, that 5-10 decided in advance that we will go to the ship

So there is meeting of minds

But what if the programme aborted?

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt

Rohatgi:

There is consumption alleged. But there is no smoking, there is no partying, there is only possession in my case

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

#MukulRohatgi is reading arrest memo.

I have no case either of consumption or sale or purchase or connection with any other person except Arbaz Merchant.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #AryanKhanCase

The arrest memo gives impression that I was carrying drugs.

I will delve at the end of my submissions about panch 1&2 (gosavi and sail)

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #AryanKhanCase

Rohatgi: There is some unsavoury controversy, but In my rejoinder I make it clear I am not connected to panch 1 (Sail) and 2.

When the controversy arose, by affidavit of panch 2, he filed that affidavit making unsavoury allegation

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail

Rohatgi: The director of the Sameer Wankhede in response, he said that it is on account of the enmity with a political personality whose son in law was arrested, (Nawab Malik)

Today what is being said is kind of rebounding on me

Rohatgi: Today what is being said is kind of rebounding on me

Kindly keep me away from that controversy. I am making it clear I have nothing against any NcB officer. I have no grievance

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Mukul Rohatgi is now reading the panchnama.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Mukul Rohatgi: It is clear that there is no recovery from me.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi is now reading the first remand application.

Please see that section 35 is culpable mental state, it is not an offence.

There is no seizure of the mobile phone also.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Justice Sambre: So there is no seizure of mobile phone? What about the whatsapp chats?

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: No there is no panchnama for seizure of phones

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: The Whatsapp chats do not pertain to the cruise or conspiracy, those are old chats

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: Those are to some people and supposedly to some international persons.

This is in the past and that is just supposed to show the conspiracy. There is no case that I knew the other 20 people except for Merchant.

#BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: I am not admitting to consumption or use.

The only thing is conscious possession and that is also small quantity.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: These are young boys. They can be sent to rehab and they need not undergo trial.

It had come in some newspaper that the social ministry was mentioning about reform

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi is now reading section 20(b) of the Act.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: The legislative intent is clear if we read 20(b) with 8(c)

Maximum punishment is imprisonment of 1 yr that is maximum and not minimum. There is NO case of harbouring also

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: I am not in any case concerned with S. 27A. There is no evidence. I have not financed anyone trafficking.

Kindly see 29 for abetting. The punishment is same as the offence

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: If you apply Section 29, to 8(c), 20(b) and 27, then then punishment for conspiracy is 1 yr and nothing further.

Although I am saying there is no material for conspiracy.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: My case will go to 8(c), 27 and 20(b) and not Section 27A

My case is far from Section 27A

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: Out of the twin conditions for bail, Section 37 does not apply because 27A has no application. Section 64A has immunity from prosecution if you are prosecuted under Sec 27 and you go to rehab

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi

Rohatgi: I am arguing a case which is actually not there against me.

My case is not of possession or consumption.

In US and some parts of the world, cannabis is legal.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: With this compendium of facts, what I am saying that there is no case. There is no consumption, no possession... Why this boy has been sent 20 days in jail..

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

What the sections mentioned above mean

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: Accused 17 was not on the cruise, who was named by Khan and Merchant.

He was arrested from his house on October 6.

Because the officers got some information that there is something with him.

But he was found with 2.6 grams!

#AryanKhanDrugsCase #AryanKhan

#MukulRohtagi - max you may link me with Merchant and Accused 17 (Aachit) only after recovery. But I am not linked with anyone else. Conspiracy is when all 20 have met prior and have meeting of minds

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #AryanKhanCase

Rohatgi: These chats are not all on the cruise. Some are on the cruise, some are not. But that is not my concern. I am saying there is no case against me

I want to show some judgments..

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #AryanKhanCase

Court: Please clarify from your chart. You are showing arrows from Khan to A17 (aachit kunar)

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #AryanKhanCase

Desai: A 17 is a young college kid

From all the record that are coming out. a17 is a friend with whom Khan was playing online poker

And that was the communication exchanged. Based on that communicAtion, they are showing connection

#AryanKhanBail #BombayHighCourt #AryanKhanCase

Beyond this communication there is nothing.

Khan was asked about the chats and he said he knew due to the online game. Now a days there are a lot of online gaming.

I am Saying this because there are petitions challenging online games

#AryanKhanBail #BombayHighCourt

Amit Desai: But there is nothing beyond that poker communication

Rohatgi: Exactly, what I am saying is there is nothing to show that I was financing illicit trafficking

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: He mentioned about gaming, milords may remember Rummy.

The case of Rummy was there in SC. Is it not a game of skill?

That was challenged because it was alleged to be gambling.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: The SC said it was a skill, because even though It depends on the cards, there is skill involved.

We have gone beyond this, games have evolved.

We have online poker, online cricket.. I am saying this because I have appeared in them.

Rohatgi is now reading the judgments.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: I respectfully submit that I have a better case than all cases, I am citing because there is no recovery from me.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: The next judgment is by Justice Pitale. One is Ranveer and one is Shanu.

Ranveer Singh v State of Maharashtra and Shanoob KH v. state

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: Now let me show an important judgment. Ragini Dwivedi vs State of Karnataka.

This is an important judgment.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi cites a judgment of Justice Sambre. Sohil samir v. State of Maharashtra

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: Now let me show an order, Rajesh Vajani of Bombay High Court.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: It was not in my control, what was found in Merchant’s shoe. Arbaaz is not my servant, he is not in my control, so there is no conspiracy.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi finally reads Justice Dangre’s order of #BombayHighCourt

Rohatgi hands over an article of Indian Express pertaining to remarks by Social Justice Ministry for reformation in drugs consumption

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #MukulRohatgi #AryanKhanCase

Rohatgi: This case is important in media because of his parents.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: Now going to the unsavoury controversy.

Rohatgi reads out NCB reply para 4.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: Now this paragraph has mention of manager (Pooja Dadlani), and I filed a rejoinder saying that I am mot making any allegations against the officers or panchas & I have no connection

#AryanKhanDrugsCase #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Rohatgi: I am respectfully submitting that I am not making any allegation. This is a normal case except for this unsavoury comments.

I respectfully submit that this case is for bail.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Amit Desai is appearing for Arbaaz Merchant

Advocate Subhash Jha has field an intervention application. The court points it out.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Jha: there is preliminary application, and that is by the members of the bar as well. That there is precedence given to this matter over the 100s other pending applications

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Court: Mr Jha you appear in my court, everyday. I do not rise without completing my board. Whosoever comes to court gets a hearing.

#AryanKhanDrugsCase #AryanKhan #AryanKhanBail #BombayHighCourt #MukulRohatgi #AryanKhanCase

Jha: On October 20, your lordships had risen early.

Court: I am sensitive to your concerns hence I sit till 7. Else I can sit till 4.30 and curtail my board.

Are you saying that your applications are intentionally not being circulated?

#BombayHighCourt #MukulRohatgi

Jha: That day my application was not listed..

Court: But I was not expecting this from you.
But I will hear you.

Maneshinde: Mine is not the only matter.

#BombayHighCourt #MukulRohatgi #AryanKhanCase #AryanKhanDrugsCase #AryanKhan #AryanKhanBail

Court asks if there are any urgent matters on the board which can be taken first.

Court associate calls out other matters.

Calls out from Serial No. 59

#BombayHighCourt #MukulRohatgi #AryanKhanCase #AryanKhanDrugsCase #AryanKhan #AryanKhanBail

There is another intervenor represented by advocate Amrish Shah with similar grievance

#BombayHighCourt #MukulRohatgi #AryanKhanCase #AryanKhanDrugsCase #AryanKhan #AryanKhanBail

Arbaaz Merchant Begins his arguments

#BombayHighCourt #MukulRohatgi #AryanKhanCase #AryanKhanDrugsCase #AryanKhan #AryanKhanBail

Desai: Whatever my learned friend argued regarding the rigours of S 37 applying should have sufficed in trial court only.

The umbrella conspiracy, to try and rope in anybody and everybody, is what is being used in this matter.

#BombayHighCourt #MukulRohatgi #AryanKhanCase

Amit Desai - It is not a case of 1 yr punishment but because there is umbrella conspiracy, and commercial quantity rigours apply

#BombayHighCourt #MukulRohatgi #AryanKhanCase

Desai: Did the NCB believe on the afternoon of October 2 & when they exercise power of arrest, they exercise it for Khan & Merchant & Dhamecha

The principles say that the person who is to be arrested should be told about the grounds

#BombayHighCourt #MukulRohatgi #AryanKhanCase

Desai: Merchants arrest memo is identical as that of Aryan Khan

Desai reads out memo

#BombayHighCourt #MukulRohatgi #AryanKhanCase

Desai: what your lordship will mark here is Section 27 is offence of consumption, 20(b) is use, purchase and possession.

#BombayHighCourt #MukulRohatgi #AryanKhanCase

Desai: Now they accosted a group of people, Merchant and Khan before the others. The first three were produced on Sunday and others on next day.

So Section 27 and 20(b) but what happens to 29?

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Desai: Because that is important. So now let us also see 42(1)(d). Reason to believe commission of offence under this act.

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Desai: The others against whom conspiracy and 29 is alleged are produced on the next day.

The entire case is based on the statements, the recovery and the WhatsApp chats…

Whatever is being argued today is based in the bulk of evidence which was with then from October 2-3

Desai: But the law of conspiracy, the first principles of conspiracy is that there must be an agreement to do an illegal activity.

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Desai:
1) There must be evidence of agreement prior to commission of the act.
2) There has to be some material at that point to show that there was conspiracy amongst three people who were arrested first but they did not invoke 29

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Court: How much time will you take?
Desai: I will take 45 mins.
ASG: I will also take 45 mins
Court: Then we keep it tomorrow

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Aryan Khan case to be heard tomorrow at 230 PM

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"I have no control over what is in Arbaaz Merchant's shoes:" Aryan Khan to Bombay High Court

report by @Neha_Jozie

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Read story: bityl.co/9HsN