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Aryan Khan bail hearing: 'NCB misled the court in remand application', says senior counsel Amit Desai

Even after weeks of getting arrested in the infamous drug case, superstar Shah Rukh Khan's son Aryan Khan, his friend Arbaaz Merchant and model Munmun Dhamecha are still in jail waiting for their bail. After their bail pleas got rejected in the lower court, all the accused have approached the Bombay high court, where their bail application will be heard today once again for the third day. Earlier, on Wednesday, while terming the arrest of all the accused in the cruise drug case as illegal, senior counsel Amit Desai, who was appearing for Arbaaz Merchant, told the court that the NCB had misled the court in Aryan Khan's remand application. During the second day of the bail hearing, he said, 'NCB misled the court in its first remand application, saying they were arrested for conspiracy though the arrest memo shows no arrest for conspiracy.' He said 'conspiracy' defined by jurists requires a meeting of minds prior to an act.' While arguing that the arrest memo was identical for Aryan and Arbaaz, he said, in the remand application for Aryan 'they dumped…recoveries from others who were not even arrested at the time.' He further added that NCB officers violated the rules laid down for bailable offenses involving small quantities of drugs for personal consumption. While arguing that NCB should have issued a notice as mandated under the provisions of the Criminal Procedure Code (CrPC) for the arrests, he said, 'it was bound to have first issued them a notice under Section 41A of CrPC which means they should've been called to give an explanation, not arrested.' He further added that Appearing for Aryan Khan, senior counsel Mukul Rohatgi added that in his arrest memo, 'there is no mention of any recovery' and a joint possession cannot, in law, be shown. NCB arrested Aryan Khan, Arbaaz Merchant and Munmun Dhamecha on October 3rd after conducting a raid on a cruise ship.

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