No consumption, recovery of drugs from Aryan Khan, Mukul Rohatgi tells Bombay High Court

Mumbai (Maharashtra) [India], October 26 : Former attorney general of India Mukul Rohatgi, who appeared for Aryan Khan in his bail application in Bombay High Court in drugs-on-cruise-case, told the court that nothing was recovered from his client, no medical was done to ascertain if he has taken any drug and "there was no recovery, no consumption".
He told the court that there was "no case of possession of drugs" against Aryan Khan, he was arrested wrongly and "it was fit case for bail".
Rohatgi said Aryan Khan was invited to the cruise as a special guest.
"He was invited by one Pratik Gaba. He was like an organiser. He invited accused 1 Aryan and accused 2 Arbaz Merchant. Both were invited by the same person. They both landed up together at the cruise terminal," Rohatgi said.
"It appears that NCB had some prior information that people on this cruise were having drugs so they were present in a certain strength. My client, Arbaz and many others were apprehended. A search was conducted and nothing was recovered from the accused one (Aryan Khan). No medical at any point was conducted to ascertain if he has taken any drug," he added.
Rohatgi said six grams of charas was recovered from accused number 2 (Arbaz Merchant) and Aryan had no relation with him except for arriving with him there.
"There was no recovery. There was no proof of consumption," he said.
"Many others were found with some amount of drugs so they allege that there was a general conspiracy. They are not charging me with consumption or possession but with conspiracy and conspiracy not with Arbaz but others," the former AG argued on behalf of Aryan Khan in the courtroom arguing before Justice Nitin Sambre.
Aryan Khan, who is son of actor Shahrukh Khan, was arrested on October 3.
"His statement was recorded under NDPS Act Section 67, which was retracted the next day. We have raised this issue in the Supreme Court. As there was no recovery no consumption, I say that I'm (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," Rohatgi said.
"How can I be charged with conscious possession if someone carried something in his shoes? There's one more thing put against me (Aryan) - my WhatsApp chats of 2018, 2019 and 2020. These chats are not related to the Cruise case. The cruise case started with Gaba (Pratik Gaba) and ended there. There is no connection between my chats and the present case of cruise.
"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. Twenty-three days have passed till today and I had nothing to do with all this," he added.
The senior advocate told the court that there is "no case of consumption, possession, purchase or sale against" Aryan.
"You can see the panchnama and the rejoinder filed by me. I'm not concerned with any controversy going on the TV, Social media or anywhere else. I don't have anything against any NCB Officer. 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," Rohatgi argued for Aryan Khan.
"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," he added.
Rohatgi said there was no mention of seizure of mobile phone in panchnama.
"We're clear about what happened on October 2. How we go there, how we were arested...Law provides that for small quantities, the maximum punishment is one year (jail). For consumption, there's rehabilitation as per law," Rohtagi said.
"I had connections with only two people - accused 2 (Arbaz Merchant) and accused 17. Accused 17 was not even on the cruise," he argued for Aryan Khan.
The senior lawyer said the case has attracted public gaze and media attention only due to his parents otherwise this case would not have even been mentioned like this.
"I've filed a rejoinder that I'm making no allegation against any NCB Officer. I did this after NCB filed an affidavit on one of the Panch's allegations which have blamed one Pooja who is connected with me etc. 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," Rohatgi added.
The court adjourned the hearing on the bail application in the cruise case till tomorrow.