Mumbai: The Narcotics Control Bureau (NCB) has never accused Arbaaz Merchant of having consumed, peddled or sold charas to any co-accused, including to Aryan Khan, but with “malafide intent’’ it has invoked the conspiracy section under NDPS Act “to rope him in offences he has no connection with’’, his bail plea argued by advocate Taraq Sayed stressed. “Merchant is innocent and has been falsely framed in the matter,’’ he said.

Merchant, 26, who has no criminal antecedents, was arrested by the NCB along with Khan on October 3 following a raid on an international terminal from where a Mumbai-Goa cruise ship was to depart.

“There is no evidence interse between any of the accused persons as they were all admittedly traveling individually and not collectively,’’ said his bail plea. The NCB case is that it recovered 6 gram of charas from Merchant when its officers had seen him and Khan at the terminal.

His lawyer argued that even if the “alleged recovery’’ is considered by court as “an independent recovery’’ of small quantity, the punishment for which is maximum six months or fine, and section 64A of NDPS Act allows for immunity from prosecution too and hence bail ought to be granted. “There is absolutely no connection’’ between him and the organisers of the cruise or between him and other co-accused, he argued.

The NCB opposed his bail plea, and the special NDPS court has reserved it for orders.