No possession, no consumption, why Aryan Khan spent 20 days in jail?: Top arguments by Mukul Rohatgi today

Mumbai, Oct 26: Appearing for Bollywood superstar Shah Rukh Khan's son Aryan Khan, former Attorney General of India (AGI) Mukul Rohatgi on Tuesday argued that the star kid was not a customer but was only invited as a guest on the Goa-bound cruise that was raided by the Narcotics Control Bureau (NCB).

"I have no case of consumption, possession, purchase or sale against me. You can see the Punchnama and the rejoinder filed by me. I am not concerned with any controversy going on the TV, Social media or anywhere else. I don't have anything against any NCB Officer," argued Mukul Rohatgi.

The 23-year-old has been wrongly arrested and kept in jail for over 20 days, he said.

The NCB also wrongly relied on WhatsApp chats of Aryan Khan as they had no connection with the present case, Rohatgi said. "The chats are of 2018, 2019 and 2020 and it has absolutely no connection with this cruise party. The chats are with some random persons including some foreigners about drugs. This would relate to alleged consumption in the past," he said.

"Second thing put against Aryan, is that many othres were found with some amount of drugs so they allege that there was a general conspiracy. They're not charging me with consumption/possession but with conspiracy and conspiracy not with accused 2 but others."

The senior counsel assailed the order of the special NDPS Act court refusing Aryan bail on the ground that he was aware that his friend Arbaaz Merchant had drugs and hence Aryan was guilty, prima facie, of "conscious possession"

"Conscious possession means something that is under my control. What somebody has in their possession or not is not in my control. Arbaaz Merchant is not my servant and what he has is not in my control," Rohatgi argued.

Even if it counted as possession (on Aryan's part), the quantity was only six grams of charas which is considered as small quantity' under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the punishment for the same is only one year, he added.

"How can I be charged with conscious possession if someone carried something in his shoes?", former AG Mukul Rohatgi, appearing for Aryan Khan

"As there was no recovery no consumption, I say that I am (Aryan Khan) arrested wrongly. What is put against me is that accused 2 (Arbaz Merchant) came with me and was having something with him. So I am charged with conscious possession of drugs."

"I am not concerned with all that unsavoury controversy and I have no complaints against anyone from NCB or prosecution. Here we stand and I think that it's a fit case of bail.

This case has attracted public gaze and media attention only due to his parents otherwise this case would not have even been mentioned like this - former Attorney General of India Mukul Rohatgi argues for Aryan Khan

"I had connections with only 2 people - Accused 2 (Arbaz Merchant) and Accused 17. Accused 17 was not even on the cruise.

Aryan Khan is a "young boy with no prior antecedents," Rohatgi added. "The legislative intent of the NDPS Act is clear about this. Section 64A of the Act provides immunity to those persons who have been accused of possessing small quantities. "If these persons are agreeable to be sent to rehab then that should be allowed.

"I made this clear with my rejoinder that I am nowhere connected to all these allegations and counter-allegations. I am nowhere in all this ongoing controversy. My case is very much on merits which are in my favour."

"There was something filed by someone alleging something against NCB, and Director had filed an affidavit that it was due to a political personality whose son-in-law was arrested by NCB. It is all being portrayed that I was involved in this."

"Accused 2 Arbaz Merchant says that he was not having possession of drugs but it was planted on him. Whether it was planted or it was in his possession, I have nothing to do with that. 23 days have passed till today and I had nothing to do with all this."