Thread by @barandbench

[Cruise drug ship case]

Mumbai Court to hear at 2.45 pm the remand of 4 new arrests in the case where #AryanKhan is prime accused.

The four - Gopal Anand, Samir Saigal, Manav Singhal and Bhaskar Arora - are organizers of the event on the cruise.

#AryanKhanArrested

Special Public Prosecutor Advait Sethna appearing for NCB mentioned the matter. However Addl. CMM RM Nerlikar stated that the matter will be taken post lunch at 2.45 pm.

#AryanKhanDrugCase
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@narcoticsbureau

Magistrate has presided. Hearing to begin shortly.

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#AryanKhan

Hearign begins.

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Advocate Harsh Gangurde with Adv Sajal Yadav appear for the accused.

@advmitulshah @AdvRajRaut

Adv Sethna: These 4 people are extremely important in this case. As these four people are organisers which led to the event on the ship.

#AryanKhanArrested

Adv Sethna: 1 and 2 are directors of the event managment company and 3&4 are people@who are directly involved for what happened on the ship.
We have invoked 25 and 27A of the NdPS Act.

Adv Sethna: Investigation has revealed that all these persons are@integral for the organizing on the cruise. The event took place before boarding and after boarding. These persons are important to find out the role of the earlier arrested.

Sethna: There is a debate on how the accused boarded the ship. Whether the boarding passes were given or not will be clear from these accused. Detailed custodial@interrogation to find out the nexus with the already arrested.

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Sethna: The shipping officials did not have proper license from the DG shipping. The 12 persons arrested, their nexus and corroboration may be allowed.
I am requesting custody till October 14, 2021.

Sethna: The organizers are here, face to face confrontation is required for discovery of truth. My learned friend may not argue on the applicability of sec 25, 27a now.

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Sethna: these sections are important because the persons were intercepted before boarding of the ship. The ship still sailed, when it came back to the shore, another raid was conducted and seizures were made.

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Sethna: The harbouring factor is brought in here, hence 27A was added.

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Gangurde: We were detained from October 4, and then we were arrested on October 5 and then produced. i am only going to submit that on the illegal detention and not go on the ndps sections.

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Gangurde: It is hightime that the moment the accused was apprehended and his movement was restricted, he is out under complete control of the investigation officer.

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Gangurde: Our detention and arrest is in clear violation of our fundamental rights. This remand is illegal and we are entitled to be released.
Further we are not the organizers, but the contractors.

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Sethna: would it be necessary to respond?

In my limited tenure, they have taken care to file an application. But they have been careful..

Documents speak for itself. Arrest memo..

Sethna: The time if noted.. and we also tried to mention the matter. That would affect the officers. The superintendents are from Delhi, the illegal detention will affect the officers also.

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Sethna: They chose to come to the NcB office post notice, they wrre interrogated and they were arrested. Within 24 hours of arrest as on the memo, we have produced them. We have been extremely careful, and illegal detention has not happened absolutely.

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Gangurde: They themselves are saying now that I co-operated and came to the office when called upon.

Whatever interrogation was required could have been done for 12 hours from October 4, and we could have been produced on October 5, 2021.

Sethna: No malafides..

Court asked when were accused prodcued?

Sethna: At 1.15 pm

Court (order): The accused were produced at 1.45 pm and because the court was busy, the court stated they be produced at 2.45 pm. The accused were produced at 3.30 pm.

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Order: NCb seeks custody of the accused. Perused remand report, case diary. Heard special counsel and counsel for accused at length.

Order: on arrest of accused not justified in accordance with law.
NCB argued that the accused were integral on the cruise on which contraband was seized. It was important to confront with present accused.

Order: It was important to find out what was found before boarding of ship and after the ship set sail. It is important to find out nexus and role of present with previous accused.

Order: Gangurde argued at October 4 at 7 am took control of accusrd while they were on board. After interrogating the accused were produced at 12.30 and he was arrested against his wish and his arrest was shown on October 5 at 5.30 pm and produced today.

Order: He said it was overriding fundamental rights under art 21 and 22. There was no contraband found in their possession. Despite accused request, no blood test was carried out and that was breach of Fundamental rights.

Orde: They wre compelled to give confession against their wish. I have gone through submissions of the accused and contents of remand report, wherein they disclose that all accused were arrested, if considered this fact then it appears that all accused were arrested and produced

Order: beofre court at 3.30. Hence the accused submisisons are not useful as it is contrary to arrest memo. The illegal arrest argument is required to be rejected.

Order: The NCb custody and the nature of allegations, custody is necessary for interrogation and@investigation@as to whether the accused is innocent or not.

Order: Remand till October 14, 2021.

#BREAKING: Aryan Khan drug case: Four more accused remanded, total of 16 persons now in NCB custody

report by @Neha_Jozie

#AryanKhan #AryanKhanArrested #AryanKhanDrugCase

Read more details here: bityl.co/8zs4