Bollywood megastar Shah Rukh Khan's son Aryan Khan on Thursday did not get bail in the drugs-on-cruise case from a Mumbai Sessions Court that reserved the order till Wednesday, sending him back to jail.
As per reports, Narcotics Control Bureau told the court that Aryan Khan is a regular consumer of drugs based on recorded statements to claim to the court that "he (Aryan Khan) used to consume it for the last few years".
Amit Desai, arguing for Aryan Khan, was quoted as saying in an NDTV report that said the WhatsApp chats the agency was relying on heavily 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: "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 as reported by NDTV.
The defence's case is that Aryan Khan did not have drugs on him when he was arrested.
