Mumbai: Senior Advocate Amit Desai argued that Arbaaz Merchant, that NCB has falsely implicated Marchant in a cruise ship drug case, in which Bollywood actor Shahrukh Khan son Aryan Khan was arrested.

Mr. Desi argued before justice Nitin Sambre stated that “Law is- bail is rule and jail is an exception, but in this case, an arrest is rule and bail is an exception”.

He has cited the related judgement of Arnesh Kumar in the NDPS act, where bail is granted to the accused.

 “The person who arrested them treated them unconnected with each other and treated individually and wanted to go to the cruise and consume. Section 27 and 20(b) was for consumption that is what is there in the arrest memo. If there was no conspiracy on assessment then the punishment was for a year and there was intense no conspiracy.”, Desai contended, Bar and Bench reported.

All these three people have been arrested for identical offences without Section 27A and 29 and they were arrested only for 20(b) and 27, Mr. Desai mentioned before the single judge.

He further stated that panchanama has demolished the case of conspiracy.  Till today, there is no arrest for conspiracy and conspiracy is a separate offence.

There is nobody arrested or produced before the Court as of now. But the remand application does not talk of conspiracy, later it says 8 people conspired and then the reply today says conspiracy of 20 people. This is the second event and we are now in custody for 22 days because of these issues which have come up for consideration and now shows panchnama, Mr. Desai argued.