The arrests also don't give NCB the right to hold on to those who are entitled to be set at liberty, he said.
Senior advocate Amit Desai, who argued for the bail plea of Shah Rukh Khan's son Aryan Khan on Wednesday in the special NDPS court said Aryan Khan was not on the cruise which was raided by the Narcotics Control Bureau on October 2. His client Aryan was apprehended before he got to the cruise, his lawyer said on Wednesday. When Aryan Khan and Arbaaz Merchant reached the entry gate, the NCB raid was already going on and they were asked whether they had contraband and Arbaaz Merchant admitted. "Nothing was recovered from Aryan Khan," Desai said, as reported by LiveLaw.
"Their maximum case against Aryan Khan is no possession, admission of consumption," Desai said. "If he did not have cash, he had no plans to purchase. If he had no substance, he wasn't going to sell or consume. There is no connection between Aryan Khan and any of the recoveries and yet we have the words 'in connection with' in the remand. They are doing a good job by arresting many, but that doesn't give them the right to hold on to those who are entitled to be set at liberty," Desai said.
Aryan Khan used to procure drugs from Arbaaz Merchant, quantity recovered immaterial: NCB in court
The NCB on Wednesday strongly opposed Aryan Khan's bail plea saying that notwithstanding the quantity of recovery, Aryan Khan can not be given bail as the primary investigation of the agency reveals that he is part of the nexus. Aryan Khan used to procure drugs through Arbaaz Merchant and Arbaaz's sources, the NCB said terming it as an "illegal drug chain".
"This is a very serious term that they have dumped on Aryan Khan. I have no doubt that my friends know what is illicit trafficking according to the NDPS Act means," Aryan Khan's lawyer said.
"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," Desai added.