‘Neither drugs were found from Aryan, nor did he consume them’
Rohatgi further added: Aryan Khan and Merchant were arrested. There was no recovery from Aryan Khan and there was no medical examination to show that he had consumed drugs. The merchant had 6 grams of charas which was recovered from his shoes. Merchant denies this. We are not worried about it, except that he is Aryan’s friend. As far as Aryan is concerned. No seizure has been made from them. There has been no consumption. No medical test was done. I have nothing against my client. He was arrested on 3 October. A statement was recorded under section 67, which was withdrawn on the next date.
Did House Help deliver drugs to Aryan Khan at the behest of Ananya?
‘Statement taken by NDPS officer is not valid’
Rohatgi: As far as NDPS is concerned, we had raised this issue in the Supreme Court. We had raised this issue in several petitions on Special Acts. Because these are officers not police. I will refer to the court’s decision in the Toofan Singh case. Justice Nariman says in the court that the statement recorded by the NDPS officer under the Act is not acceptable in the court. The statements given to the NDPS officials are unacceptable. Now that there is no seizure in this case, I want to say that I have been wrongly arrested.
‘What is in Arbaaz’s shoes, what do I have to do with it’
Rohatgi further said: I moved the magistrate, he said that bail is not in his jurisdiction. He said go to the district level. Then we went to the district court. which was rejected. There is no consumption here. There is no seizure. It was argued against me that you had come with Arbaaz Merchant, so you had conscious possession. He says I knew this. They have nothing against me. That’s why they are doing such things. What someone has in his shoes is not my problem.
RGV said on Exclusive Aryan drugs case – see, Aryan will become a bigger star than Shahrukh
‘6 grams no commercial quantity even in conscious possession’
Rohatgi said: I would like to put forward an old verdict. So this is just a case of conscious possession against me. It is not that there was a party going on and people were consuming drugs. So why was my client targeted? What was recovered is a small quantity of 6 grams. This is not a commercial quantity. So even this is not enough to keep me in custody. Commercial quantities of drugs have been found from many people. There is no section 27A against me. 27A is of smuggling. Then section 29, because the substance was found with the merchant. I don’t know anyone other than the merchant. So how about the conspiracy charge? Section 37 cannot apply in my case. But the sessions court has upheld 37 more conspiracy. I have no prior offense in this case.
‘Use of word like conspiracy in Panchnama is not correct’
Rohatgi: The WhatsApp messages shown were from 2018. None of the chats are related to cruise. There is no case where chat has anything to do with this case. Those chats, we have to check and prove them. The chat has nothing to do with the current case. Therefore, it is also not correct to use a word like conspiracy. I read Panchnama. For the purpose of conspiracy also let’s say 5-10 people had already decided that they would go to the ship. So here’s the matter of meeting the mind. But what if the program is never made? There is reportedly talk of consumption. No smoking here, no partying, only conscious possession in my case.
Aryan Khan News: Aryan Khan’s troubles increased, NCB team reached Mannat
‘I have nothing to do with the NCB controversy, I have no complaints’
Rohatgi said: I have no case of consumption or sale or purchase or any relation with anyone other than Arbaaz Merchant. Whereas from the arrest memo it seems as if I was taking drugs. There are some frivolous controversies, but let me make it clear in my reply that I am not associated with Panch 1 (VK Gosavi) and 2 (Prabhakar Sail). When a dispute arose, that affidavit was filed making baseless allegations from the affidavit of Panch 2. Sameer Wankhede replied that it is because of enmity with a political personality whose son-in-law was arrested (Nawab Malik), what is being said today is like hitting back at me. Please keep me out of that controversy. I am clarifying that I have nothing against any NCB officer. I don’t have any complaints. Please see panchnama, section 35 is a criminal state of mind, it is not a crime. The mobile phone has also not been recovered.
Justice Sambre: So there was no seizure of mobile phones? What about WhatsApp chat?
Rohatgi: No, there is no panchnama for confiscation of the phone. WhatsApp chat is not related to cruise or conspiracy. Those are old chats.
Were Drugs Found or Planted on the Cruise? Arbaaz’s demand – CCTV should be investigated
‘The conspiracy would not have happened when all 20 people were in collusion’
Rohatgi: Accused No. 17 (Achit Kumar), was not on the cruise, which was named by Khan and Merchant. He was arrested from his house on October 6. The officers had received information that he had something. But he got it with 2.6 grams! After this maximum recovery you can add me, Merchant and accused 17 (Achit). But I am not connected to anyone else. The conspiracy happens when all the arrested 20 people have already met and everyone’s mind is already matched.
‘The talk in the chat is about the game of poker’
The chats that are being put in front. All these chats are not on cruise. Some are on cruise, some are not. But it’s not my concern. I am saying that there is no case against me. A 17 year old young college kid. who was playing online poker with aryan khan. The messages that have been sent on the chat are showing the connection according to you. But this is nothing further than a discussion about poker games. Khan was asked about the chat and he said that he knows him because of online games. Online gaming is very much in trend these days. I am saying this because there are petitions challenging online games. I am saying there is nothing in it to show that I was trafficking illegally.
Drugs case: NCB starts investigation, will Sameer Wankhede’s chair be gone?
Rohatgi cited these court decisions in the court
Rohatgi then cited several cases one after the other in the court. He said, ‘I respectfully submit that I have a better case than all the cases, I am citing these, because drugs have not been recovered from Aryan. Justice Pitale’s decision. In the case of Ranveer and Sanu. Ranveer Singh Vs State Of Maharashtra And Shanob KH Vs State. I show an important decision. Ragini Dwivedi Vs State of Karnataka. I would now like to refer to your own court’s decision in Sohail Sameer vs State of Maharashtra. I also place on the table the judgment of Rajesh Vajani of Bombay High Court. I want to say that what was found in Arbaaz Merchant’s shoes was not under Aryan’s control. Arbaaz is not their servant, he is not under their control, so there is no conspiracy here. Finally I read the Bombay High Court order of Justice Dangre. Mukul Rohatgi then submitted an article of ‘Indian Express’ related to the comments of the Ministry of Social Justice on Drug Consumption to the court. Said that this matter is also important for the media because of Aryan’s parents.
Rohatgi gave this argument on the reply of NCB
Rohatgi: Now in this paragraph 4 in response to NCB the manager (Pooja Dadlani) is mentioned. I have filed a rejoinder saying that I am not making any allegation against the officers or the Panchs and I have no relation. I respectfully submit that I am not making any allegations. Except this crappy comment, as it’s a common case. I respectfully submit that this matter is for bail.
Aryan Khan-Mukul Rohatgi