Read Time: 08 minutes

Senior Advocate Mukul Rohatgi on Tuesday while appearing on behalf of Aryan Khan, vehemently argued for grant of bail for the 23-year old. He reiterated contents of his affidavit filed earlier in the day and said that he had no allegations to make against any officer of the NCB or from the prosecution and neither did he have any association with Prabhakar Sail.

"There is some unsavoury controversy, but in my rejoinder I have made it clear that I am not connected to Prabhakar Sail," said Rohatgi.

He urged the Court to keep in mind that whatever allegations were made against the NCB Sameer Wankhede was on account of the enmity with a political personality whose son in law was arrested, (Nawab Malik) and that it was today being rebounding on his client.

Further, before a bench of Justice Sambre, Rohatgi's main argument revolved around the question of whether he can be kept behind bars for an extended period of time, even though the remand order stipulated offences against Khan which only subscribe punishment for a maximum period of one year. On the issue of Whatsapp chats which have gathered much controversy, Rohatgi argued that there was no   mention of anything in the WhatsApp chats about the current saga of events at play.

"The conversations revolved around poker!," he said.

In this light, Rohatgi emphasised that the legislative intent of the Act was very clear, thrusting on rehabilitation and immunity from prosecution

It was stressed that Aryan Khan's bail application should be decided on merits uninfluenced by Prabhakar Sail's or Sameer Wankhede's assertions/ allegations.

He argued that he had nothing to do with the allegations and counter-allegations that are currently in public and on social media between Sail, Wankhede and other personalities. He has categorically stated that he does not have any allegation against anyone in the prosecution department.

Prabhakar R. Sail is one of the punch witnesses in the cruise ship drug case, whose affidavit had raised allegations against NCB Zonal Director Sameer Wankhede. Sail had alleged that one Pooja Dadlani, (Shahrukh's) Manager had a deal with the NCB officers to settle the case. He had claimed that Wankhede and independent witnesses in the case were trying to extort money from the accused. The affidavit had been widely reported in the media. 

Significantly, the NCB in its response to Khan's bail plea , opposing it in totality, has claimed that Khan is an influential person and may tamper with witnesses and evidence. The reply filed by NCB reads that that mala fide attempts are being made to tamper with the ongoing investigation with an intention to derail the same.

Alleging so, the NCB has hinted towards Prabakar Sail's claims and stated that in fact Pooja Dadlani has influenced Sail himself. Questioning the authenticity of Sail's claims, NCB has contended that his affidavit was not filed on court but clandestinely distributed in the media.

The affidavit was filed in the bail plea by Khan which is slated to be heard today before the single-judge of Bombay High Court, Justice Nitin Sambre.

Khan was arrested on October 3 after which he was remanded to NCB custody till October 7. Thereafter he was sent to judicial custody, with his bail being rejected by the Magistrate.

Earlier, the Magistrate Court had rejected an application by the Narcotics Control Bureau seeking further custody of Aryan Khan, son of Bollywood actor Shahrukh Khan, actor Arbaaz Merchant, model Munmun Dhamecha and others in the Cordelia Cruise Drugs case.

Therafter, Khan moved the Sessions court for his bail, though the same was also rejected. Following the same, he approached Bombay High Court challenging Mumbai court order denying bail. 

Case Title: Aryan Shah Rukh Khan v. Union of India