Thread by @barandbench

[Cruise ship drug case] Mumbai Court will shortly hear remand of #AryanKhan and 7 others arrested for alleged involvement in the #ncbraid conducted on a Mumbai-Goa cruise.

#AryanKhanDrugCase

@narcoticsbureau

NCB will also be producing two new arrests for first remand; Achit Kumar, who is supposedly linked to #AryanKhan and a foreign national allegedly involved in international trafficking.

#AryanKhan
#AryanKhanArrested

Chief Metropolitan Magistrate RM Nerlikar has presided. The accused will be produced shortly.

#AryanKhan
#AryanKhanArrested

Accused have been produced.

#AryanKhan
#AryanKhanArrested

Although accused have been produced and their lawyers are present, there is no lawyer present for NCB.

#AryanKhan

Adv Satish Maneshinde asks the Court that before #AryanKhan is produced in Court, his junior could meet him.

Court permits and rises for a break.

Court has come back.

#AryanKhanArrested #aryankhan

Family of Munmun Dhamecha, a co-accused in the case, request to meet her as well, which the Court grants.

#aryankhan
#AryanKhanArrested

Special Public Prosecutor Advait Sethna for NCB is here.

#aryankhan
#AryanKhanDrugCase

Maneshinde asks Sethna for a cooy of remand.
Sethna states that only he will be given a copy.

#AryanKhanDrugCase
#AryanKhan

NCb will be seeking NcB remand till October 11.

#aryankhan

Sethna apologizes to the Court on behalf of ASG Anil Singh who is on his legs in #BombayHighCourt .

NCB states that so far 17 people have been arrested. The new arrest, Achit Kumar has been arrested based on Statement of #AryanKhan.

NCB has further states that there is another raid to be conducted and any possible arrests in those will need to be confronted with the present arrested.

#aryankhan

The new arrest Aachit Kumar has also been named by Arbaaz Merchant.

#aryankhan

Confrontation of present 8 respondents with Aachit Kunar and intercepted foreign national is essential for the investigation.

#aryankhan

Court asks when will NCB begin.

Sethna: We are waiting for ASG to come. He told us he is on his way.

#aryankhan

Aachit Kumar’s custody has been@sought till October 11.

#aryankhan

Sethna: There is a new remand of Achit Kumar. Because his lawyer is here we can start.

#aryankhan

Adv Ashwin Thool is appearing for Aachit Kumar.

#AryanKhanDrugCase

Sethna: Until this date 16 persons were apprehended and arrested on custody on the ground that tthese are the persons prima facie connected with commission of offences.

#HumanRightsViolations

Sethna: The confrotation has significantly revealed new information. That the new arrest is part of Ganja trafficking.

After search kof 2.6 gms of ganja, Kumar was given notice.

Sethna: With Arbaaz name of Aachit was revealed. The present disclosure revelas he is part of ganja traffickign@netowkr.
He is identified, verified and corroborated.

Sethna: It is humbly orayed for short cutody till October 11z

Question which arises is why him and how is he concernee. His name has come about the investigation.

Sethna: Every day there is a new developmwnt and there is a new finding that he is. A supplier and he is a connection with #1 and 2.

Thool: it is unfortunate that NcB tends to lie to the court. The date is 6, the time is 7. Reality is he was picked up at 2 pm on 5th.

Thool: they leave me at 4.30-5 so that I can make phoen calls to ahow that there is no arrest. The moment there is restriction of movement there is arrest. I am in process of getting CCTV footage of my building.

Thool: Once this remand is granted then the arrest gets regularized.

Thool: They are lying to the court. They are saying that I was part of network, but I was only found with 2.6 gms of ganja.

#AryanKhanDrugCase

Thool: Somewhere this illegality needs to stop. Ask the officer to tell when he was detained and if he says October 6, I am@willing to place affidavit that he is lying.

Magistrate: Do you think they will admit to this fact you are alleging?

Thool: I understand, I am glad milords has taken cognizance.

Magistrate: If that is so then why have you not challenged the same?

Thool: I will. There are over-zealous officers.. once there is habeas corpus, but once custody is granted, then arrest is regularised. And we all know it takes time for matters to list.

Thool submits Ashwin Kulkarni case to substantiate on the point of Sec 167 of CrPC.

Thool: The scheme is obvious and required to be protected. The accused is required to be produced within 24 hours.

For two days I was in custody. They needed to confront me for accused 1 and 2. i was with them for 2 days, what have they doen?

Sethna: I have heard lies lies lies from my learned friend. i commend the linguist zeal of my friend. we have seen such allegations against the bureau, but milords is aware and has been passing appropriate orders.

Magistrate: He is merely saying that he was detained before..

Sethna: But then the zealous officers is talking about, these officers have not seen sun, moon and have worked day and night to investigate.

Sethna: The drug abuse is like a malignant tumor that has been spreading.. and he is saying only 2.6 gms!!

Thool: If there is malignancy then the Court is not supposed to treat them harshly but is supposed to go softly on then..

#AryanKhanDrugCase

Thool: They have not brought even one person to show any connections. I am only making submissions on the remand.. it is all good to create a facade, but when you ask for the man and his details, then they have nothing..

#AryanKhanDrugCase

Sethna: Do not interfere with the investigation.

Thool: there has to be some interference at this stage.

Order: Heard the learned counsels. The action of NCB and conducted raids. Acter research 2.6 gms of ganja was rexovered. Notice was issued for investigation purpose.

Order: All the associates need to be identified for custody. The accused lawyer argued that he is making responsible statement that officers visited on october 5 and then on October 6 was asked to call his parent.

Order: He is accusing that There is illegal arrest by NcB authorities. His allegations that 2.6 gms of ganja alleged to be seized can be part of the conspiracy, he argued that he relied upon investigation of various investigation agencies.

Order: The NcB argued that in their investigation, they came across statements by Arbaaz and Aryan which implicated Aachit.

Order: Thool argued that the officers were over zealous and they did not produced Aryan Khan within 24 hours. The scheme is obvious. The Magistrate has to scrutinize the circumstances.

Order: The perusal of case diary disclose the search and seizure report and in view of that he was arrested on October 6 at 1900 hours. If conaidered these documents then the search and seizure and summons issued then..

Order: The fact of accused detention cannot be considered. As for remand the name of present accused aas fdisclosed by Arbaaz And Khan and that was the reasom the NcB came into action from whom 2.6 gms is recovered.

Order: It is a small quantity for consumption. For that purpose, there is no necessity to remand the accused to police custody.

#AryanKhanDrugCase

Order: I do not want to discuss the fact with regard to the evidentiary value of the statement recorded by the accused as well as other accused.

#AryanKhanDrugCase

Order: The fact to be considered is that his name was revealed during the course of the investigation ... whether he is part of a conspiracy or not is a matter of fact that needs to be investigated. Deciding that now will lead to pre-trial.

#AryanKhanDrugCase

Order: Therefore the accused to be remanded till October 9.

#BreakingNews #AryanKhanDrugCase

ASG: Total 17 persons have been arrested.

#AryanKhanDrugCase

ASG: The NCB has arrested Aachit Kumar with recovery of contraband, Aachit Kumar has been named by Aryan Khan.

#AryanKhanDrugCase

ASG says there is a need for further investigation and confrontation of Aryan Khan

#AryanKhanDrugCase

ASG: In this case, several recoveries have been made from others as suppliers. Another attempt will be made today to contact more suspects as has been made for other accused.

#AryanKhanDrugCase

The ASG is making arguments in relation to the remand of Aryan Khan.

#AryanKhanDrugCase

ASG: Further on the basis of enquiry, considering the seriousness of the crime, custody is required.

#AryanKhanDrugCase

ASG: Investigation is at an imminent stage and the above respondents are required to be confronted.

#AryanKhanDrugCase

ASG seeking further remand of Aryan Khan: From the last date, let me show why custody is required.

#AryanKhanDrugCase

ASG: Considering the allegations and the facts, the accused is required because after the last date, till today, the further development is that we have intercepted organizers and other persons

#AryanKhanDrugCase

ASG: I cannot segregate one person from another. It cannot be done. The purpose of the Act is to stop the gang forever.

#AryanKhanDrugCase

ASG: I pick up one person and then he says, I have intermediate, others don't ... but the custodies have been given for different dates.

ASG: I don't want to trouble with the law, but Khan has filed for retraction of statement.

#AryanKhanDrugCase

ASG: He had already retracted when he was produced on October 3, but the law is clear, that as far as retraction is concerned, it is a question at the stage of trial. For the purpose of custody, it is not relevant. At the stage of trial, it surely is.

#AryanKhanDrugCase

ASG: I am citing two judgments, these are judgments of the Bombay High Court. I am praying for further remand.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): As far as my client's statement is concerned, I was arrested and picked up at the gate. I had no complaint to the officers

#AryanKhanDrugCase

Manishinde (for Aryan Khan): As far as this case is concerned, on the first day, I readily agreed for one more day of remand, thinking there will be some development. Apart from some more arrests, nothing more has happened.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): As far as my interrogation that has taken place, it was connected to my stay abroad. Nothing else has been questioned.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): If the arrested are picked up on my statement, any senior officer connected with my investigation would ascertain that it is the same person or that I have any association, but nothing has happened.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): Yesterday, when they arrested Kumar, they should have confronted whether Merchand and Khan were related or not. They did not. The question of confronting should not be the only ground.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): One more development is, the cruise organisers have been detained. They have arrested a foreign national with whom I have no connection so far. As far as my association is concerned, I can show.

#AryanKhanDrugCase

Maneshinde (for #AryanKhan): I have a friend, Prateek, who introduced me to someone who was in touch with the organizers. He said I will be invited as VVIP. Only with that intention to add colour to the cruise, I went. There were 1,300 people and they have arrested only 17.

Maneshinde (for Aryan Khan): So the entire cruise is not connected to the passengers and as one of the persons from Bollywood ... but I am not connected to anyone .. There are chats between me and Prateek ...

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): Prateek is also a friend of Arbaaz. So he invited Arbaaz... Based on the aforesaid events, I reached the gate where Arbaaz was also there.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): Before we could go to the ship, NCB asked us questions. When we started from the ship, they asked questions if I took drugs and searched my bags and my person. They found nothing.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): They took my mobile instrument and then took me to the NCB office. I am not saying which pancha took me.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): Officers interrogated me and took me under arrest. I have no connection to any of the organizers. I do not deny my friendship with Arbaaz but I am not connected with his activities. He himself says he came on his own.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): They have interrogated me on the basis of my chats. Be that as it may, Aachit is the only person they have to confront me with, but that can be done anytime. That can be done even after I am granted bail.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): They have not interrogated me for two nights. Why is custodial interrogation required now?

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): Why should custody be given? No confrontation was done as far as I am concerned. No drugs, nothing in my bag, nothing on my person, I did not tamper with phone

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): Why would I not cooperate with the law? Apart from that, see the charges against me ... Section 8 (c), 27, 28, 29 ...

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): If NCB has not managed to unearth any controversy so far, then what are they going to do now?

@narcoticsbureau #AryanKhanDrugCase

Maneshinde (for Aryan Khan): Humble submission is that they keep saying that they have to reach the 'main accused.' He (Aryan) cannot be held hostage till they find the main accused.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): Rest of the accused, I am not concerned with, so I will not make submissions about them.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): As far as I am concerned and others are concerned, the remand application states that...

Magistrate: Remand application states that custody is required only of accused 1-3?

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): In any case, forget technicality, we have been longest in custody. Still, they have not progressed from a small quantity to more.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): There is no allegation against me. Even if there is (an allegation) about supply of material, I have not purchased anything from him.

#AryanKhanDrugCase

Maneshinde (for Aryan Khan): I know the ASG does not mean that we are involved in nefarious activities ... See the case diary and satisfy yourself, your Lord may realize that further custody is not required.

#AryanKhanDrugCase

Adv Ali Kaashif Khan Deshmukh (for Munmun Dhamecha): I have no connection with the others, the allegations made .. I have not dealt with anyone before.

#AryanKhanDrugCase

Deshmukh (for Munmun Dhamecha): One, Aachit Kumar has been arrested. When he got arrested, how, that is not my concern. What does the present accused got to do with him?

#Cruiseshipdrugcase

Deshmukh (for Munmun Dhamecha): This remand is silent on my part. Where is the justification for my custody?

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Deshmukh (for Munmun Dhamecha): I went because someone asked me. Before that, while checking and screening, nothing was found on me, the CCTV footage.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Deshmukh (for Munmun Dhamecha): I am filing this application for CCTV footage of my detention. I am making this application under Section 91, CrPC

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Deshmukh (for Munmun Dhamecha) refers to case of Satyajeet Desai Balubhai and ors.

Says this citation is with respect to remand.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Deshmukh (for Munmun Dhamecha): Till today, till the multiple arrests made, what have they found? Any incriminating chats? Based on this? They have taken my statement, they have interrogated.. what else is remaining?

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Deshmukh (for Munmun Dhamecha): There were 1,300 people.. arrest them all then. If they want to know how they recovered these drugs ... I am filing a bail application for Dhamecha.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Magistrate: Same order will be passed for all.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Advocate Taraq Sayed Khan: Kindly see the panchnama.

Magistrate: Please argue why custody is not required ... because sections are all the same.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Sayed: Kindly see the panchnama. They arrest one, custody is made, then they arrest another, custody is given ...

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Sayed: (Accused no.s) 1 and 2 - the case is that they are connected. But nothing from 1 (is recovered) and 5 gms (is recovered) from 2 - but they have no connection with anyone else.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Sayed: MDMA is found, cocaine is found... this is the case where multiple seizures were made, but that is enough for prejudice against us.

#AryanKhanDrugCase #Cruiseshipdrugcase #CruiseDrugBust

Sayed: We are in custody for five days. Is the NCB incompetent to find out the source for the 5 gms charas?

#AryanKhanDrugCase #Cruiseshipdrugcase #CruiseDrugBust

Sayed: Kindly see how this remand application is drafter. We will attempt to catch the other connected suspects. But how are they combining recoveries?

#AryanKhanDrugCase #Cruiseshipdrugcase #CruiseDrugBust

Sayed: What is the nexus between panchanama and remand? ... I have made an application to NCB to furnish me CCTV footage. Let them recover that. What is the need for custody now?

#AryanKhanDrugCase #Cruiseshipdrugcase #CruiseDrugBust

Sayed: As far as confrontation is concerned, confrontation takes how long? A matter of seconds ... It has been some days ... If then, CCTV is not found, I will plead guilty!

#AryanKhanDrugCase #Cruiseshipdrugcase #CruiseDrugBust

Lawyer for Vikrant: In the last 6 days, they are interrogating me and now it has progressed. Whether all this is there in the remand report?!

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Lawyer for Vikrant: No, it (remand report) is silent on that.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Lawyer for Vikrant: In this case, they have pleaded that they want to unearth a larger conspiracy. But they have not been able to unearth the eight accused.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Counsel for Vikrant: They are all individuals and they have not been able to show connection. They have to show why custody is required.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Note: The lawyer referred to above is Advocate Ashish Raghuvanshi, appearing for Vikrant Chokkar.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Raghuvanshi (for Vikrant): What is to be investigated from me, why was this not done so far?

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Raghuvanshi (for Vikrant): When the Court granted police custody for four days ... They cannot make the same rush for all accused and I may be granted Judicial custody now.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Adv Sartaj Shaikh appears for Mohak Jaswal: Nothing is stated in this remand as to how I financed this illicit trafick or harboured offenders. It is not their case that any further contraband has been found on me.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Shaikh (for Mohak Jaswal): Any further custody to confront Aachit is with the other co-accused. So what is my need? I am praying for JC.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Adv Kushal Mor for Gomit Chopra: No further investigation was conducted. One statement was recorded. There has been no investigation or interrogation. From the panchnama ...

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Magistrate: But there was arrest memo after that

Mor: But the moment my movement is restricted, I am in detention.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Magistrate: I do not want to go into arrest definition.

Mor: But illegal arrest is important for remand.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Mor: I am pleading JC on this ground.

Adv Ayaz Khan for Ishmeet and Nupur: The first panchnama is for Vikrant, Ishmeet, Arbaz, Aryan and Gomit.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Khan: This started in the morning at 7 am, got over at 19.40 hours. The next is at room 603, where Nupur was apprehended and from that, there is an alleged recovery of four tablets of MDMA ... She was an isolated case.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Khan: The second panchnama started at 16.30 hours and concluded at 20.30 hours. The third panchnama is for Munmun after 20.30. All these panchnamas were concluded on the same date, Oct 2. So was I detained?

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Khan: It is not the prosecution's case that they were let to go home. No! They were taken to the NCB office from the cruise.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Khan: The statement which I marked - she was having 4 pills, she bought it or was given the same by one of the co-accused.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Khan: He was also picked up from the cruise ... Kindly see remand now... there are three aspects. One is narcotic drugs, one is hashish, charas, ganja

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Khan: Second is psychotropic substance. Third is pills -which is neither hashish or ganja

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Khan: Kindly see the first point. NCB has arrested one more person, the said Aachit has been named .. etc etc.. This gentleman, Aachit is required to confront.. What is recovered from Aachit is 2.5 gms of ganja

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Khan: Ganja is something which is not recovered from anyone; if he was supplying ganja, then no other accused was found with ganja...

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Khan: The remand says one or two accused are not concerned with anything... Nupur was identified and picked up.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Khan: All were in custody, all accused were produced. We cannot say one was arrested and other was in custody.

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Khan: Look at CrPC, see Section 437, I am not arguing bail, but it is relevant. There is a proviso that is most important

#Cruiseshipdrugcase #CruiseDrugBust #AryanKhanDrugCase

Khan: The court may also direct the person to be released on bail, provided that the accused person may be required for identifying. The court cannot refuse bail on that count. If court cannot refuse bail, then it should not extend PC also

#Cruiseshipdrugcase #AryanKhanDrugCase

Khan: 'Nupur has given the name of the person, Aachit is supposed to be ganja supplier.' Either look at my statement, I have not given name of Aachit. Just because you have made a general statement.

#Cruiseshipdrugcase #AryanKhanDrugCase

Khan (for Ishmeet and Nupur): When the remand came for the second time, the only issue they pointed out was that the girl was booked for consumption.

#Cruiseshipdrugcase #AryanKhanDrugCase

Khan: The court opined that the accused needs to be given chance to show bonafides.. how far can I show bonafide? How can we show no connection?

#Cruiseshipdrugcase #AryanKhanDrugCase

Khan: We were not found with ganja, which Aachit is supposed to sell. We have been allegedly found with psychotropic substances.

#Cruiseshipdrugcase #AryanKhanDrugCase

Khan: Lastly, second, third remands before CMM were kept when there were mofussil courts for sake of convenience.

#Cruiseshipdrugcase #AryanKhanDrugCase

Khan: Aachit has no role to play, they have apprehended others for him.

#Cruiseshipdrugcase #AryanKhanDrugCase

ASG: The limited submission is, Maneshinde argued as others, as if it is the story that "nobody knows anyone, they are not connected and there is no conspiracy so why custody?"

#Cruiseshipdrugcase #AryanKhanDrugCase

ASG: Maneshinde said my client went there, he met Arbaz, was his friend, but met him there, and then they were intercepted. His submission is that he is innocent. In light of this, kindly see the statement..

#AryanKhanDrugCase #Cruiseshipdrugcase

ASG (referring to statement): I cannot read in open court, but milords may see it

#AryanKhanDrugCase #Cruiseshipdrugcase

ASG asks the court to read statement by #AryanKhan

#AryanKhanDrugCase #Cruiseshipdrugcase

Maneshinde (for Aryan Khan): These statements are inadmissible, in light of SC judgments

#AryanKhanDrugCase #Cruiseshipdrugcase

ASG: But see how he reached there, for that purpose this statement is shown. I am still investigating and on the basis of these statements, Aachit Kumar has been apprehended.

#AryanKhanDrugCase #Cruiseshipdrugcase

ASG: Kumar is a person, if not for Aryan Khan I wouldn’t have apprehended him.

#AryanKhanDrugCase #Cruiseshipdrugcase

ASG: It was a coincidence that on the 8 of them, drug was found.

#AryanKhanDrugCase #Cruiseshipdrugcase

ASG: From 12.30 onwards, we have raided the main suppliers. They have been arrested just now ... Sorry, he has been intercepted.

#AryanKhanDrugCase #Cruiseshipdrugcase

ASG: From October 3, entire group has been found.

#AryanKhanDrugCase #Cruiseshipdrugcase

ASG: I am investigating the main case, and from the main case, I am getting to know more persons. Recovery is not important, but knowledge is important, SC has said

#AryanKhanDrugCase #Cruiseshipdrugcase

ASG: Yesterday we arrested Achit Kumar, today we arrested a foreign national then today apprehended another person.

#AryanKhanDrugCase #Cruiseshipdrugcase

ASG: You have argued saying that you have not done anything ...

Maneshinde (for Aryan Khan): Please respond to what we have argued.

#AryanKhanDrugCase #Cruiseshipdrugcase

ASG: Without taking much time of the court, I want to say that I want custody. I do not want to segregate one person from another

#AryanKhanDrugCase #Cruiseshipdrugcase

ASG: I want to investigate them together and we are an agency and we will follow due process.

@narcoticsbureau #AryanKhanDrugCase #Cruiseshipdrugcase

Aryan Khan remand hearing in NDPS case [LIVE UPDATES from Mumbai court] | barandbench.com/news/litigatio…

ASG: The question of these persons remaining at the same place is important.

#AryanKhanDrugCase #Cruiseshipdrugcase

Maneshinde (for Aryan Khan): The other day, in a piecemeal manner prosecution showed chats.

ASG: I will show the chats ...

Shreeram Shirsat with ASG: The last time I had shown...

Maneshide: When did you download the chats ..?

#AryanKhanDrugCase #Cruiseshipdrugcase

Maneshinde (for Aryan Khan): Chats are regarding football, football does not contain any drugs!

#AryanKhanDrugCase #Cruiseshipdrugcase

Maneshinde (for Aryan Khan): There is nothing on record to show that the 14-15 accused were connected. As far as chats with Aachit as concerned I have pointed out those chats.

#AryanKhanDrugCase #Cruiseshipdrugcase

Khan (for Nupur): Nupur was in 3603. (As far as) other girl is concerned, she was in 1974. This is a floating motel, people were partying on their own.

#AryanKhanDrugCase #Cruiseshipdrugcase

Khan: Ask the officer how many rooms were there, how much capacity was there.

#AryanKhanDrugCase #Cruiseshipdrugcase

Khan: If contraband is found in 4,5,6 rooms you cannot say "conspiracy."

#Cruiseshipdrugcase #AryanKhanDrugCase

Khan: There is one statement of one of the accused, with Aachit. The other accused cannot be ground with this accused. There is nothing in their statement.

#Cruiseshipdrugcase #AryanKhanDrugCase

Magistrate: He is saying that there is a criminal conspiracy and they had reason to be together.

Maneshinde: ASG has not appeared here, he only comes for such cases ...

#Cruiseshipdrugcase #AryanKhanDrugCase

Magistrate (laughs): And you are all saying it was individual ... I will consider...If it is over..?

Maneshinde: We are done!

(everyone laughs)

#Cruiseshipdrugcase #AryanKhanDrugCase

Court dictates ORDER: Accused 1-8 produced today at 4 pm, by VV Singh. There are no complaints. NCB prayed for accused custody till October 11.

@narcoticsbureau #Cruiseshipdrugcase #AryanKhanDrugCase

Court dictates ORDER: Persused remand report and case diary and heard the counsel.

#Cruiseshipdrugcase #AryanKhanDrugCase

Court continues dictating ORDER: Maneshinde, Sayed, Deshmukh, Raghuvanshi, Lakshmi Raman, Sartaj Shaikh, Mor, Khan argued. And ASG Anil Singh for NCB.

- Court is recording submissions and order excerpts referred to -

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Court dictates ORDER: ASG submitted that there is criminal conspiracy. The name of Aachit Kumar was also mentioned.

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ORDER contd: ... Abduk Kadar Shaikh and one foreign national were intercepted based on statements. But it was unsuccessful to intercept the supplier and another attempt will be made.

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ORDER contd: ... They argued that confrontation of accused with the intercepted foreign national and Aachit Kumar is necessary and hence PC is necessary.

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ORDER contd.: Learned counsel for accused 1-8 has strongly objected to the custody. Maneshinde argued that except statement, nothing has been done. Mobile is with NCB. There is no reason to remand accused to custody.

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ORDER contd.: ... Remand report shows that presence of accused with NCB is not necessary as situation remains same as last existed.

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ORDER contd: (recording submissions) ... No further development was made. Remanding the accused to police custody is serious concern and IO is required to give reasons.

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ORDER contd.: (recording submissions) ... Therefore, the accused cannot be made hostage, till the main culprit is found, they have prayed for judicial custody ... The same has been reiterated by other accused

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ORDER contd.: They (counsel for accused) further added that remand has been cleverly drafted so as to involve the accused in the conspiracy and the same cannot be considered in the absence of a specific role of accused.

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ORDER contd.: (recording submissions of counsel for accused) The remand application states that the nexus has not been established. No progress is shown, no recovery is effected and whatever is alleged is seized.

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ORDER contd.: (recording submissions by the counsel for accused) In these circumstances, it is not fit for further remand, but only JC.

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ORDER contd.: (recording submissions) Learned counsel for rest of accused, referred to CrPC and panchnamas ... the allegations disclose criminal conspiracy.

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ORDER contd.: ... At this stage, one cannot accuse the accused that the individual recovery was effected. From some accused recovery was made, but there is no connection of one accused to another.

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Court continues dictating ORDER: The accused Aachit Kumar had ganja but that was not recovered from any other accused.

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ORDER contd.: In view of Section 437 of CrPC, the Court is empowered the enlarge the accused on bail. Even if confrontation is required, then additional remand can be refused.

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ORDER contd.: Going through submissions and remand report, the gist is that NCB custody for accused (is sought) to confront with Aachit Kumar whose name was disclosed by Merchant.

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ORDER contd: Further, they also want to confront accused no 9, and other accused, who were arrested on October 6 and remanded.

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ORDER contd: After considering the date of arrest of these accused, even though it may be further considered and submission of the ld ASG may be considered as it is, the presence of the accused custody is not necessary is not considered ..

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ORDER contd: The accused statement recorded on October 3, led to Aachit's arrest ... And he was arrested on October 6, 2021

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ORDER contd: I do not want to go into the aspect as to why the officer needs so much time for arresting an accused. Considering the time of Aachit arrest, when #Aryan and Aachit were in NCB custody, till production, nothing was investigated

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ORDER contd: Further, he rightly argued that investigation details were required to be pointed out and the same do not reflect in the remand apart from him.

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ORDER contd.: Considering the first remand of accused 1-3, and other remand of the accused, and the present remand report, it appears that, the investigation is made to the extent of arrest of co-accused.

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ORDER contd.: So far as investigation of other accused, based on the statement of Arbaz and Khan, Aachit was arrested. The investigation is silent on other arrests

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ORDER contd.: Simply remanding the accused to NCB custody without reason is cogent ground for violating liberty.

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ORDER contd.: Therefore on vague grounds in remand application, each accused cannot be granted extended custody.

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#BREAKING

ORDER contd.: NO custodial interrogation is required as sufficient time and opportunity was granted to NCB for investigation. Hence, they are remanded to judicial custody.

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Maneshinde: I am moving bail application. Now we have a right to speak ... his interim bail application I have, given copy yesterday so that they can give reply

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Maneshinde (for Aryan Khan): I have filed for bail and interim bail.

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Magistrate: If you all co-operate, I am willing to hear all bail applications today. If they give a reply...

Maneshinde: They are working twenty-four hours.. let them file a written reply.

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Magistrate: if the Act permits me to proceed with the trial, I will do that also

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ASG: I am opposing the bail on maintainability. This court cannot hear.

Magistrate: File it today, I will hear it.

Maneshinde (for Aryan Khan): I have citations for his submission

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Maneshinde: If the present petition applies for bail, then he can file for interim bail, then it has to be decided on the same day it is filed, pending the final bail.

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Magistrate: I am not refusing..

Maneshinde: Reply or no reply, they have to hear

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ASG: Bail application, interim one, this bail application is not maintainable. This is legal submission. If required I will file a detailed reply.

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Maneshinde (for Aryan Khan): Why are they shying away from replying to my application when there is a mandate?

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Maneshinde (for Aryan Khan): Interim application has to be decided on the same day.

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ASG: I am saying this is not maintainable... I will file a reply in writing...

Sayed: I can show it is maintainable, the punishment is 6 months...

Magistrate; That is the crux...

Sayed: We have served them advance copies...

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Maneshinde (for Aryan Khan): He should be advocating for the liberty of the accused... Especially when they are seeking remand at 7 pm

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Magistrate: Okay, tomorrow at 11 am.

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Maneshinde: Their entire team is here, Wankhede is here ...

Magistrate: We will hear it tomorrow.

Maneshinde: Post 7 pm there is difficulty to be taken to Taloja, so request that judicial custody with Mr. Wankhede only. We trust him!

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ORDER: The zonal director is requested to keep the accused in NCB as jail authorities do not admit the accused post 6 pm ... without COVID report. So they may be remanded with NCB.

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Hearing tomorrow at 12.30 pm.

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