Aryan Khan Case: Sr Adv Amit Desai argues ‘intention to consume should not apply as no medical test done’
The Aryan Khan Drugs Case has been in the headlines this whole month. With each passing day, a new twist keeps surfacing, making the case, even more murkier, than it already is. Today, the Bombay High Court continued to hear the bail plea for the three accused in the case – Aryan Khan, Arbaaz Merchant, and Munmun Dhamecha. During the hearing, Senior Advocate Amit Desai, who made arguments in favour of Aryan Khan, told the Bombay HC that even if there was an intention to consume the contraband, it should not apply as a medical test has not been done to support the same.
In today’s bail hearing, advocate Amit Desai began his argument by pointing out why Aryan’s arrest is illegal. He argued that there was no need for arrest as there was ‘no conspiracy’. "Twenty-two days in custody because of these issues which have come up for consideration. Except for personal consumption, there was no allegation of use in the arrest memo. So, there was a clear understanding that this was a case of nothing more than personal consumption," Amit Desai argued.
Advocate Desai further argued that Aryan Khan and Arbaaz Merchant were "arrested for an offence that was never committed" as the panchnama ‘demolishes the case of conspiracy’. Furthermore,
advocate Desai said that the statement in the panchnama mentioned 'except personal consumption' but NCB is building a case of conspiracy.
Desai argued, “There are 4 ingredients to a crime. Intention is the highest crime. If the party was organized, and the organizers were to supply, then conspiracy applies. But if there is intention to consume then that also should not apply as no medical test is done.”
The bail plea has been adjourned for today. It shall continue tomorrow, on Thursday, in the Bombay High Court.