Mumbai: It’s “inherently absurd and false” NCB Aryan for dumping the crime of ‘illicit drug trafficking’ KHAN (23), son of the actor Shah Rukh Khan, as a reason for denying him bail, said his lead counsel Amit Desai On Wednesday, adding the agency, which is aware of its larger role, “negligently beware of a serious legal term of ‘illicit trafficking’ to oppose a bail plea.”
Desai said that Section 27A is the only offense under the NDPS Act for illegal smuggling and it should be noted that the NCB never invoked it against Khan, as it has no case. He stated that he was arrested for alleged consumption only in small quantities, no recovery of drugs or money was made from him and therefore there was no case of use, sale or purchase of any drug, and that he was not allowed to abet or Wasn’t even arrested for conspiracy, he said. There is also no proof of consumption, because it was his friend Arbaaz Merchant Which is recorded in the NCB Panchnama of October 2 for consuming charas.
But opposing Khan’s bail pleas, Arbaaz (26) and munmun dhamecha (28), which was heard on Tuesday, the NCB said, “There is sufficient material in the form of WhatsApp chats, pictures etc. to show Khan to be an active part of illegal drug chain along with other co-accused, hence provoking And conspiracy ensues and so do. The rigors of not granting bail under the NDPS Act. The Additional Solicitor General said, “NCB has material to show that Khan was in contact with certain persons abroad, who were involved in drugs.” appears to be part of an international drug network, and investigations are ongoing to find the individual.” Anil Singh With the agency’s Special Public Prosecutor Advait Sethna.
Desai, who appeared along with Satish Maneshinde in the physical hearing before special NDPS judge VV Patil in the sessions court, said Khan should be granted bail as the maximum punishment is one year’s imprisonment. He explained how the NDPS Act was amended to reduce punishment for consumption and that “they are not peddlers, racketeer or drug smugglers.” “Let’s not make it worse for the youth. He has suffered a lot. They have been in custody since October 3. He has learned his lesson. Let’s not put them behind bars and deny them bail,” Desai said.
The crux of the NCB case is that all the accused are “inextricably linked” with each other in a conspiracy and Khan used to buy charas from the merchant. Desai said that the NCB has alleged an international drug chain, but where is the question of any connection or conspiracy of Khan with the other accused? In fact, Section 29 for conspiracy against Khan was not properly invoked in the arrest memorandum, but now NCB’s reply is based on “conspiracy”, although specific information may be of a “rave party” on a cruise “But it does not entitle them to take otherwise unaffiliated people and from whom there is zero recovery of the banned substance or to detain them when not required,” he said.
Merchant’s counsel Tarak Syed argued that even though the NCB is correct in saying that 6 grams of charas was recovered from him, it is a small quantity, and the law provides immunity from prosecution for consumption. Munmun Dhamecha’s lawyer Ali Kashif Khan said she was invited on board to “add glamor as a model”. He also denied that 5 grams of hash was allegedly found in his cabin. Desai said, NCB uses “a very sinister word” like illegal smuggling and “just throws it at Aryan Khan”.
NCB’s ASG Anil Singh said the agency is “responsible about its role” and “the entire country is concerned with the issue of drug abuse by the youth.” He will continue his arguments on Thursday, after which the bail applications will be decided.
Desai said that Section 27A is the only offense under the NDPS Act for illegal smuggling and it should be noted that the NCB never invoked it against Khan, as it has no case. He stated that he was arrested for alleged consumption only in small quantities, no recovery of drugs or money was made from him and therefore there was no case of use, sale or purchase of any drug, and that he was not allowed to abet or Wasn’t even arrested for conspiracy, he said. There is also no proof of consumption, because it was his friend Arbaaz Merchant Which is recorded in the NCB Panchnama of October 2 for consuming charas.
But opposing Khan’s bail pleas, Arbaaz (26) and munmun dhamecha (28), which was heard on Tuesday, the NCB said, “There is sufficient material in the form of WhatsApp chats, pictures etc. to show Khan to be an active part of illegal drug chain along with other co-accused, hence provoking And conspiracy ensues and so do. The rigors of not granting bail under the NDPS Act. The Additional Solicitor General said, “NCB has material to show that Khan was in contact with certain persons abroad, who were involved in drugs.” appears to be part of an international drug network, and investigations are ongoing to find the individual.” Anil Singh With the agency’s Special Public Prosecutor Advait Sethna.
Desai, who appeared along with Satish Maneshinde in the physical hearing before special NDPS judge VV Patil in the sessions court, said Khan should be granted bail as the maximum punishment is one year’s imprisonment. He explained how the NDPS Act was amended to reduce punishment for consumption and that “they are not peddlers, racketeer or drug smugglers.” “Let’s not make it worse for the youth. He has suffered a lot. They have been in custody since October 3. He has learned his lesson. Let’s not put them behind bars and deny them bail,” Desai said.
The crux of the NCB case is that all the accused are “inextricably linked” with each other in a conspiracy and Khan used to buy charas from the merchant. Desai said that the NCB has alleged an international drug chain, but where is the question of any connection or conspiracy of Khan with the other accused? In fact, Section 29 for conspiracy against Khan was not properly invoked in the arrest memorandum, but now NCB’s reply is based on “conspiracy”, although specific information may be of a “rave party” on a cruise “But it does not entitle them to take otherwise unaffiliated people and from whom there is zero recovery of the banned substance or to detain them when not required,” he said.
Merchant’s counsel Tarak Syed argued that even though the NCB is correct in saying that 6 grams of charas was recovered from him, it is a small quantity, and the law provides immunity from prosecution for consumption. Munmun Dhamecha’s lawyer Ali Kashif Khan said she was invited on board to “add glamor as a model”. He also denied that 5 grams of hash was allegedly found in his cabin. Desai said, NCB uses “a very sinister word” like illegal smuggling and “just throws it at Aryan Khan”.
NCB’s ASG Anil Singh said the agency is “responsible about its role” and “the entire country is concerned with the issue of drug abuse by the youth.” He will continue his arguments on Thursday, after which the bail applications will be decided.
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