Mukul Rohtagi
No recovery, no consumption and no medical test done: says Rohatgi appearing for Aryan Khan
Mumbai/UNI: Former Advocate General Mukul Rohatgi appearing for Aryan Khan in a bail hearing in the Bombay High Court in the cruise drugs bust case on Tuesday highlighted there was no recovery, no consumption or no medical test done as far as Aryan Khan is concerned.
Since there is no recovery or consumption, my client was wrongly arrested, Rohatgi said as he narrated to the court how the bail application traveled to the High Court.
He also said: "What is put against me is that since I came with Arbaaz and apparently had knowledge of the contraband with him, I have conscious possession.
"Conscious possession is what is under my control and knowledge. If I am driving the car and something is in the car, there could be conscious possession.
"My case is that there is no conscious possession at all. What somebody else had in their shoe is not my concern. That cannot be my "conscious possess".
Rohatgi pointed out to the court a last year's Supreme Court judgment in "Tofan Singh" case which held that NDPS officers are police officers and confessions given to them cannot be admitted.
He also cited judgment and said "In an old case involving a minister he was booked for harbouring a terrorist as a servant brought him into the house. The apex court said that cannot be a case.
Rohatgi said: "No case is made out by NCB either of consumption or of sale or purchase of drugs by Aryan."
He said that Aryan has not accused any Narcotics Control Bureau officials and he is not connected or concerned with any "panch or witness" referring to independent witness KP Gosavi and his bodyguard Parbhakar Sali, who are involved in the alleged transaction of big money to NCB zonal officer Sameer Wankhede.
"The Director of NCB on Monday said the affidavit was a result of some political leader. But today the unsavoury controversy is rebounding on me, they are putting it on me," Rohatgi told the court on behalf of Aryan.
"I don't want to sully my case by siding with either the political personality or the panchas. Because I am not connected to anyone," Rohatgi said.
Rohatgi said that the WhatsApp chats that NCB earlier mentioned against Aryan "are nothing to do with cruise party ...the chats with the people were before the party. And the same cannot be used" against the star kid now.
Rohatgi said: "Aryan Khan had gone there with Arbaaz. That's all. They are some boys..the law provides that for small quantities the maximum punishment is one year year and minimum is nothing."
He also read out Section 20b (ii) of NDPS Act to say that the legislative intent is clear. Maximum is 1 year and minimum is nothing. Rohatgi also said that Aryan have not financed anyone for drug trafficking.
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