Mumbai: Mumbai Sessions Court reserved the order on the bail plea of Aryan Khan in the drugs-on-cruise case.
The 23-year-old son of Bollywood actor Shah Rukh Khan has been sent to jail till Wednesday.
The decision came after the Narcotics Control Bureau told the court that Aryan Khan is a regular consumer of drugs. Additional Solicitor General Anil Singh represented the NCB in the case.
Singh referred to on-record statements to claim to the court that “he (Aryan Khan) used to consume it for the last few years”.
Singh invoked the father of the nation saying “this is the land of Mahatma Gandhi… this (drug) abuse is affecting young boys”.
Amit Desai, arguing for Aryan Khan, said that WhatsApp chats that the agency was relying on can often appear suspicious given the kind of language young people use today.
“Please bear in mind one other reality. Today’s generation has a means of communication, which is English… not the Queen’s English. it’s sometimes what the older generation will call torture. The way they communicate is very different,” he said.
“Conversions on chats can often be misunderstood. WhatsApp chats are supposed to be private conversations. But I am told there are no messages or conversations on the mobile about the rave party,” Desai said.”There is always a possibility that casual conversations between friends on WhatsApp may appear suspicious,” he added.
Desai acknowledged the dangers of drugs, particularly on younger people, but stressed that “whatever action is taken, it should be within the ambit of the law”.”… very important to remember we fought for freedom, we fought for the Constitution, to maintain the freedom of people and their rights. We can’t ignore rights and can’t take action without law,” he said.
Desai said that under the NDPS there were provisions for both “severe punishment for illegal trafficking” and “reformative approach for those people who are addicted”.
“I am not saying my client is (an) addict… I am just reading that document. I am not saying anything personally but I am talking about the Supreme Court, the legislature, and the government, and they have accepted that provision of punishment will be decided on basis of quantity,” he said.Desai referred to Bombay High Court saying, “… everyone is equal before the law (and) each case has to be decided in its own merit, despite the status of the accused”.