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Lawyer Mukul Rohatgi argued that Aryan’s case will go under sections 8(c), 27 and 20(b) and not Section 27A. “My case is far from Section 27A,” he said.
Section 8(c) – Production, manufacturing, possession, selling, purchase, transport, warehouse, use, consumption, inter-state import and export, import to and from India
Section 27 – Punishment for consumption of any narcotic drug or psychotropic substance.
Section 20(b) – Possession of cannabis is a punishable offence.
Section 27(a) – Punishment for financing illicit traffic and harbouring offenders.
He continued “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.”
Questioning Aryan’s time in jail when he was neither found with drugs in his possession nor proven to have consumed any, Rohatgi said, “I am arguing a case that is actually not there against me. My case is not of possession or consumption. In the US and some parts of the world, cannabis is legal. With this compendium of facts, what I am saying is that there is no case.”
He went on to ask, “There is no consumption, no possession… Why this boy has been sent 20 days in jail?”
The NCB said the probe into the case so far has revealed Aryan Khan’s role in illicit procurement, transportation and consumption of drugs.
The agency said prima facie investigation has revealed that Aryan Khan used to procure drugs from his friend Arbaaz Merchant, also an accused in the case.
“The applicant (Aryan Khan) was in touch with some persons abroad who appear to be part of an international drug network for illicit procurement of drugs,” it said.
The affidavit further said even though there has been no recovery from Aryan Khan, he has “participated in the conspiracy”.
“Prima facie investigation has revealed that this applicant is not just a mere consumer of drugs as sought to be made out by him,” it said.
The applicant has not made out any case for enlargement of bail, prima facie and/or otherwise, the NCB said.
“The role of this applicant (Aryan Khan) in the commission of grave and serious offences under the NDPS Act including illicit drug trafficking is apparent considering the nexus and connection of this applicant with the other accused in the case,” the affidavit said.
It added that there has been recovery of an intermediate quantity of drugs from the other accused in the case and hence, the case of Aryan Khan cannot be looked at in isolation.
“The ingredients of conspiracy are clear and evident,” the affidavit said, adding that in such cases the quantum of recovery of drugs from an individual accused becomes inconsequential.
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