Mumbai: It is “inherently absurd and false” for NCB (Narcotics Control Bureau) to dump an offence of ‘illicit drug trafficking’ on Aryan Khan, son of actor Shah Rukh Khan, as a reason to deny him bail, his lead counsel Amit Desai said on Wednesday, adding the agency, aware of the larger role it has, “should be cautious in bandying about the serious legal term of ‘illicit trafficking’ casually to oppose a bail plea”.

But the NCB claimed there was sufficient material to show Aryan was an active part of illicit drug chain, reports Swati Deshpande.

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Mumbai: Aryan Khan’s lead counsel Amit Desai said on Wednesday that Section 27A is the only offence for illicit trafficking under the Narcotic Drug and Psychotropic Substances Act (NDPS), and NCB rightly never invoked it against Aryan as it has no case. Aryan was arrested only for alleged consumption of small quantities, with no recovery of drugs or money from him and hence no case of use, sale or purchase of any drugs, and he was not arrested even for abetment or conspiracy, Desai said. He added that even consumption there is no proof of, as it was his friend Arbaaz Merchant who in the NCB panchanama of October 2 is recorded as speaking of having consumed charas.

Opposing the bail pleas of Khan, Arbaaz and Munmun Dhamecha, the NCB said, “There is sufficient material in the form of WhatsApp chats, pictures, etc to show Aryan was an active part of illicit drug chain with other coaccused, hence abetment and conspiracy apply and so do the rigours of not granting bail under NDPS Act.”

ASG Anil Singh, with Advait Sethna, special public prosecutor for the agency, said, “NCB has material to show Khan was in touch with some persons abroad who appear to be a part of an international drug network for illicit procurement of drugs, and investigation is on to find the person.”

Aryan ought to be granted bail as maximum punishment attracted is a year’s imprisonment, said Desai, who appeared with Satish Maneshinde at the physical hearing before the special NDPS judge at sessions court, V V Patil. He pointed how NDPS Act was amended with reformative steps to reduce punishment for consumption and said “they are not peddlers, racketeers or drug traffickers”.

“India was a signatory last December to the UN move to remove cannabis from the list banning research into its medical use. In many countries these substances are legal. Let us not penalise the youngsters. Let us not make it worse for them. They have suffered enough. They have been in custody since October 3. They have learnt their lesson. Let us not keep them behind bars and deny them bail,” said Desai.

The heart of the NCB case is that all accused are “inextricably connected” with each other in a conspiracy and that Khan used to purchase charas from Merchant. Desai said NCB has made the allegation of an international drug chain, but where is the question of any connection of Aryan with the other accused or of a conspiracy, he asked NCB uses “a very frightening term” like illicit trafficking and “just dumps it on Aryan Khan,” said Desai. Advocate Taraq Sayed for Merchant argued that even if NCB is right in saying 6 gram charas was recovered from him, it is a small quantity.