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Aryan and others get no bail yet as the hearing continues tomorrow

MUMBAI: Despite filmstar Shah Rukh Khan's son Aryan Khan's legal defence team overwhelmingly defended him while arguing for his bail, stating that nothing was found on him and that the grounds for his arrest and for denial of bail were flimsy, they could not secure his bail as the Bombay High Court (HC) adjourned the hearing. 

The Bombay HC will continue hearing the bail applications of Khan his best friend Arbaaz Merchant and model Munmun Dhamecha tomorrow at 2:30 pm in connection with the alleged seizure of drugs on a cruise ship and clearly the time is running out as the court will close for Diwali holidays from next week. 

This means if three are not able to secure bail by the weekend they will have to remain in jail for at least two more weeks. The silver lining however is that Justice Sambre hearing the matter did say that the court will try to finish the matter tomorrow.

Senior advocate and former attorney general of India Mukul Rohatgi, appearing for Aryan, continued his arguments on Tuesday, saying that his arrest was 'arbitrary' and that no contraband was recovered from him. He had also contended that the agency had not conducted a medical examination to prove that he had consumed any narcotic.

According to Rohatgi Aryan's arrest was a direct infringement of his constitutional guarantees and that he was never given any reason for his custody by the NCB and was merely a friend of accused no 2, Merchant who was found with some amount of drugs hidden in his shoes. 

He even cited Article 22 of the Constitution on protection against arrest and detention in certain cases, which said that no person who is arrested can be held without being informed of the grounds of arrest and such a person shall have the right to consult a lawyer of his choice, which was not the case when Aryan was arrested.

Appearing for Merchant, senior counsel Amit Desai informed the court that two other accused in the same case Manish Rajgaria and Avin Sahu had been granted bail by the special Narcotic Drugs and Psychotropic Substances (NDPS) court on Tuesday and thus pleaded that his client should also be considered for bail.

Desai pointed out NCB had recovered 2.6 grams of ganja (cannabis) from that Rajgaria Sahu had consumed the drugs when apprehended.  Additional solicitor general Anil Singh, representing the Narcotics Control Bureau, would now be making his arguments on Thursday opposing the bail.

Khan was arrested after a drug raid by the Narcotics Control Bureau (NCB) on a cruise ship party on October 2 along with his friend and others and is in judicial custody since October 8 since his bail has been rejected by the lower court. 

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