Senior counsel Amit Desai, appearing for Aryan Khan, termed the NCB's contention as 'inherently absurd' and argued that when there was no recovery of drugs from him, then he should not be penalised at the stage of granting bail.
Custody cannot be granted on vague grounds, noted a magistrate court on Thursday while rejecting the NCB's plea seeking further remand of Aryan Khan, son of Bollywood superstar Shah Rukh Khan, and seven others arrested in a case pertaining to alleged seizure of banned drugs aboard a cruise ship here.
The NCB, which got the remand of Aryan Khan and the other eight accused from the court till Thursday, also claimed that in the WhatsApp chats he is discussing modes of payment to be done for procurement (of drugs) and that several code names are being used.
The court, in its order, noted that the investigation in the case was of prime importance and considering this aspect, the further presence of the accused before the NCB was necessary.
Besides Aryan Khan, the arrested accused are identified as Munmun Dhamecha, Arbaaz Merchant, Ismeet Singh, Mohak Jaswal, Gomit Chopra, Nupur Sarika, and Vikrant Chhokar.
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The court in its detailed order also raised questions on the veracity of the NCB's panchnama records.
A special court here on Wednesday denied bail to Aryan Khan, the son of Bollywood actor Shah Rukh Khan, observing that 'on the face of it', he was indulging in "illicit drug activities on a regular basis".
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The NCB spoke about Aryan Khan, Bollywood actor Shah Rukh Khan's son, and others of being accused of a conspiracy, but it never pressed that charge officially following their arrest in a drugs case, their lawyer told the Bombay High Court during bail hearing on Wednesday.
Aryan Khan, son of Bollywood superstar Shah Rukh Khan, walked out of the Arthur Road prison, after 22 days in the central Mumbai facility following his arrest during a drug raid on a cruise ship off the Mumbai coast.
The Bombay High Court on Friday said Aryan Khan, son of superstar Shah Rukh Khan, shall be released on a personal bond of Rs one lakh with one or two sureties of the same amount.
The NCB and Wankhede had earlier in the day filed two separate affidavits before the special court against the allegations of extortion attempt levelled against them.
Aryan Khan was arrested on October 3. He is currently in judicial custody and lodged at the Arthur Road prison in Mumbai.
A single bench of Justice N W Sambre also granted bail to his co-accused Arbaaz Merchant and Munmun Dhamecha.
"There is no evidence of consumption, no recovery of drugs and absolutely no evidence to show his participation in this so-called conspiracy and abetment as alleged by the NCB," Rohatgi said while arguing for Aryan Khan's bail.
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On legal front, Wankhede, who the NCB asserted has an impeccable service record, failed to get any relief related to an affidavit on the sensational extortion claims made by the independent witness, Prabhakar Sail, with a special court saying it cannot pass a blanket order barring courts from taking cognisance of the document.
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