Aryan case: Desai picks holes in conspiracy angle

Insight Online News

Mumbai, Oct 27 : Counsel for Arbaz Merchant, Amit Desai told Bombay High Court that he is seeking bail in a matter where punishment is only one year and there are circumstances to show that there is no conspiracy.

Nobody stops investigation if bail is given. But, what is the need for custody when punishment is only one year, he said.

He said on October 3, all three people (Aryan Khan, Arbaaz Merchant and Munmun Dhamecha) were arrested for identical offences without Section 27A and 29 and they were arrested only for 20(b) and 27.

Desai said that it is a case of personal consumption and except personal consumption there was no allegation of use in the arrest memo.

But if there is intention to consume then that also should not apply as no medical test is done.

He pointed out to the court that as far as conspiracy is concerned nobody arrested or produced before the Court as of now. But the remand application does not talk of conspiracy, later it says 8 people conspired and then the reply today says conspiracy of 20 people.

While reading the proceeding of the remand court he said that the learned magistrate remanded accused persons to custody for investigation and that continued till October 7. However till today, there is no arrest for conspiracy and conspiracy is a separate offence.

There are three unconnected persons coming for the same purpose that is not conspiracy, added Desai.

Six gms of charas are supposed to be recovered from my shoes. I supposedly confessed when I was asked. I am keeping aside for retraction. I had also immediately applied for CCTV footage which the terminal has. No orders are passed in that, Desai said while arguing for Aryan friend Arbaz.

Senior advocate Mukul Rohatgi cited the judgment of the various courts and pointed out out from arrest memo while saying that the arrest memo refers to different items. The law requires that you must give true and correct grounds for arrest but in the this case it was not followed.

Arguments are likely to continue tomorrow.


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