No drug was recovered from Aryan Khan neither was he involved in the sale nor the procurement of any illegal substances, his lawyer Amit Desai argued in a special court that was hearing the case on Wednesday.
Aryan's lawyer said he was not even on the cruise when the anti-drug officers raided the ship on October 2, so the allegation of drug trafficking against him is "absurd", his lawyer added.
Amit Desai, representing Shah Rukh Khan's son, said the raids began when his client had not even checked into the cruise ship, adding he didn't use drugs and the officers could find anything from him.
"The allegation of illicit trafficking is inherently absurd. This boy who has nothing, he was not even on the vessel. It is an absurd and false allegation," said Desai.
Saying Aryan Khan "had no cash" when he was on the cruise ship, his lawyer said he could not have purchased drugs.
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On the contrary, the NCB claimed that Aryan Khan had "admitted he was about to use charas that was found on Arbaaz Merchant", while Aryan’s defence team said the admissions were forced. "The court knows how people are forced to make these statements," said Amit Desai.
Although the investigations were meant to be on drugs consumed or bought on the ship, Mr Desai asserted that Aryan Khan was dragged into the case ‘casually’.
"I thank the NCB for its cut-paste job. The first remand application did not have the names of the other accused," Mr Desai added.
On grounds of evidence of an international drugs ring found on Aryan’s WhatsApp, the agency requested for extension of custody based on the arrest of the supplier of the alleged drugs, Achit Kumar.
Stating its investigations, the NCB earlier said that the Aryan Khan and the other accused are connected and separating their roles is not possible.
Aryan Khan who is the main accused of the NCB in the case had sourced drugs and was in touch with "some persons abroad who appear to be a part of an International Drug Network for illicit procurement of drugs", the NCB said in its statement that it submitted in the court.
The agency submitted a statement in court saying that Aryan Khan sourced drugs and was in touch with "some persons abroad who appear to be a part of an International Drug Network for illicit procurement of drugs".
NCB also said, "it is not possible to dissect the role, involvement of one accused from that of the other" as all arrested "are inextricably connected".
The bureau said that "one of the applicants cannot be considered in isolation" and "The ingredients of conspiracy are clear and evident".
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On Aryan’s argument that no drugs were found on his person, NCB said, "Even though from some accused persons there is no recovery or recovery of a small quantity of contraband, the participation by acts and omissions of such persons who have acted in concert, conspiracy in the commission of offences forms the basis of this investigation."
The idea is that "the quantum of recovery from an individual accused becomes inconsequential".
The NCB mentioned, "Accused no 1 has a role in so far as illicit procurement and distribution of contraband is concerned... It is prima facie revealed that Aryan Khan used to procure contraband from Accused no 2 (Arbaaz). And sources connected to Accused no 2 from whose conscious possession (shoes) 6 grams of charas was recovered. Aryan and Arbaaz have been associated in close collaboration."