NCB has summoned Prabhakar Sail, a witness in the drugs on cruise case, for questioning tomorrow

Advocate Amit Desai submits that the Whatsapp Chats between Aryan Khan and Aachit were about online poker. "There was nothing beyond communication about poker."

Advocate Rohatgi: There is no consumption, no possession. Why this boy has been sent 20 days in jail

Advocate Rohatgi: There is no panchnama for seizure of phones. The Whatsapp chats do not pertain to the cruise or conspiracy, those are old chats. Those are to some people and supposedly to some international persons. This is in the past and that is just supposed to show the conspiracy. There is no case that I knew the other 20 people except for Merchant. I am not admitting to consumption or use. The only thing is conscious possession and that is also small quantity. These are young boys. They can be sent to rehab and they need not undergo trial. It had come in some newspaper that the social ministry was mentioning about reform.

Advocate Rohatgi: These are young boys; they can be sent to rehab and they need not undergo trial.

Advocate Rohatgi for Aryan Khan: I am making it clear I have nothing against any NCB officer: The arrest memo gives impression that I was carrying drugs. I will delve at the end of my submissions about panch 1&2 (Gosavi and Sail). There is some unsavoury controversy, but in my rejoinder I make it clear I am not connected to panch 1 and 2. When the controversy arose, by affidavit of panch 2, he filed that affidavit making unsavoury allegation. Today what is being said is kind of rebounding on me. Kindly keep me away from that controversy. I am making it clear I have nothing against any NCB officer. I have no grievance.

Advocate Rohatgi: What was recovered was small, 6 gms. The sizes are small, medium and large. Sorry I mean small intermediary and commercial. (Everyone laughs) So this small amount is not enough to keep me in custody. Many others have been found with intermediary and commercial quantity. There is no Section 27A against me! In my case Section 37 cannot kick in because sections under 37 do not apply. But the sessions court has held 37 and conspiracy. There is no prior conviction in this case. As for the Whatsapp chats, they were of the time period of 2018. None of the chats are from the cruise. There is no case where those chats with “1, 2, 3” have anything to do with this saga. Those chats, we will have to see in trial, to be proved and result of that proof. The chats have nothing to do with the current scenario and then to use general phrase like conspiracy is not right apart from that there is no recovery. Assume for the purpose of conspiracy, that 5-10 decided in advance that we will go to the ship. So there is meeting of minds. But what if the programme aborted? There is consumption alleged. But there is no smoking, there is no partying, there is only possession in my case. I have no case either of consumption or sale or purchase or connection with any other person except Arbaz Merchant.

Advocate Rohatgi: There is no prior conviction in this case.

Advocate Rohatgi: What was recovered was small, 6 gms. The sizes are small, medium and large. Sorry I mean small intermediary and commercial. (Everyone laughs)

Aryan Khan's advocate Rohatgi argues the statement recorded by the NDPS is not admissible in court as NCB officials are officers, not the police. There was a statement recorded under Section 67 which was retracted on the next date.

Advocate Rohatgi refers to last year's Supreme Court judgment in "Tofan Singh" case which held that NDPS officers are police officers and confessions given to them are inadmissible in evidence.

Advocate Rohatgi: There was NO recovery from Aryan Khan and there was NO medical examination to show that there was consumption. Arbaaz Merchant had 6 gms of charas which was recovered from his shoes. Merchant is denying it. I am not concerned, except that he is my friend.

Advocate Rohatgi for Aryan Khan, raises questions against NCB officers: We have raised the question in several petitions that even though these officers are not police officers, they exercise police powers. So they say they have the power to arrest. But otherwise say they are not police officers.

Advocate Mukul Rohatgi arguing for Aryan Khan in Bombay HC: NCB was present in some strength at the terminal. They had some information and we're there to apprehend. My client and Arbaaz we're apprehended before they could board the ship. Nothing was recovered from my client (Aryan Khan) and they have nothing to show he consumed anything either. There was no occasion to arrest my client, short and simple.

Bombay High Court begins hearing in the bail plea matter of Aryan Khan. Former Attorney General of India, Mukul Rohatgi, who is appearing for him, begins his argument.

ASG Anil Singh leading the NCB, arrives in court, reported Live Law

Bombay High Court to hear Aryan Khan's bail plea shortly

Aryan Khan's bail application matter is serial no.57