As former attorney general appears for the actor’s son, Narcotics Control Bureau sticks to its ‘international drug link’ stand
Former attorney general Mukul Rohatgi at Bombay High Court on Tuesday. Pic/Bipin Kokate
As former attorney general Mukul Rohatgi and senior advocate Amit Desai concluded their arguments defending Aryan Khan on Tuesday, the Bombay High Court adjourned the matter till 2.30 pm on Wednesday. Opposing Khan’s bail plea, the Narcotics Control Bureau accused his father Shah Rukh Khan’s manager Pooja Dadlani of influencing witnesses. The agency said the allegations against its zonal director Sameer Wankhede are an attempt to derail the investigation into the drugs-on-cruise case.
ADVERTISEMENT
In its reply before HC, the NCB said, “At this juncture, without going into the merits, the Respondents state and submit that attempts are being made on behalf to tamper with the ongoing investigation with a malafide attempt to derail the same. This is evident from the contents of a purported affidavit dated October 23, 2021, by one Prabhakar R Sail. Such a document has not been filed in any proceeding before any court despite the fact that the matter is subjudice before the Hon’ble Sessions Court and this Hon’ble Court.”
On the copies of Sail’s affidavit being shared on social media, NCB’s reply said, “Curiously, the same [affidavit] has been clandestinely distributed and widely publicised in the media. Significantly, such purported affidavit clearly names one Pooja Dadlani, manager connected to Aryan Khan. It so appears that the said lady appears to have influenced such panch witness when the investigation is ongoing, such interference at the stage of investigation is a malafide attempt to ensure that the same is derailed and the quest of truth is obstructed.”
Insisting that Khan has international drug, the NCB said, “The is material so far on record shows that accused no 1 [Aryan Khan] was in touch with some persons abroad who appears to be a part of an international drug network of illicit procurement of drug, the investigation in this regard is in progress.”
The agency said it opposed Khan’s bail application in “totality”, stressing that he has failed to produce any documents on record to substantiate that he was invited to such party that took place on the said cruise, as VIP or otherwise. The agency said there is no irregularity in the panchnama and that Khan voluntarily handed over his mobile phone to the NCB. Rejecting allegation of falsely implicating Khan, NCB said the investigations are ongoing and the charge sheet is yet to be filed.
Former attorney general Rohatgi said nothing was found on Khan and there is no blood report confirming consumption. “The NCB's claim is that I was in conscious possession but what somebody is carrying in his shoes is not my concern and that cannot be termed as conscious possession. “Even if conscious possession is considered, the maximum punishment is one year which cannot be barred under section 37 of NDPS Act as cited by special NDPS court rejecting the bail plea as I am not charged under 27A of NDPS Act. But the agency is indirectly bringing section 27A to bar under 37 of NDPS Act.”
Rohatgi also argued that the WhatsApp chats recovered from Khan’s phone are not on record but have been used by the agency. “None of these chats relates to the cruise party or this entire saga,” he argued, adding, “This has nothing to do with the cruise party. The chats are with other people before. I just went there and had nothing in my possession but I was arrested,” he said.
Khan through his counsel also filed a rejoinder distancing itself from Sail’s affidavit. He said he has nothing to do with the allegations and counter-allegations doing rounds in the public domain—between an NCB officer and certain politicians. “The applicant does not make any allegations against any individual in the prosecution department. The applicant has no connection with Mr Sail and Mr Gosavi who is also a panch witness in the case,” said Khan’s counsel.
Meanwhile, Prabhakar Sail gave a written complaint to the MRA police station about the extortion he has claimed in his affidavit. “We have received his complaint and will initiate an inquiry before registering any offence,” a senior officer told mid-day.
Subscribe today by clicking the link and stay updated with the latest news!" Click here!
