Thread by @barandbench

Metropolitan Magistrate at Esplanade, Mumbai to shortly begin hearing the bail application filed by #AryanKhan in the #Cruiseshipdrugcase.

Follow thread for live updates.

@narcoticsbureau

After Addl. CMM RM Nerlikar refused NCB custody to Khan and 7 others on October 7, Adv Satish Maneshinde filed for bail with interim bail for Khan.

#AryanKhan
#AryanKhanBail

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Satish Maneshinde is yet to arrive.

ASG Anil Singh and Special Prosecutor for NCB Advait Sethna also haven’t arrived.

Magistrate has presided and is waiting.

#AryanKhan #AryanKhanBail #AryanKhan #Bail #GauriKhan #ShahrukhKhan

The Magistrate will be hearing three bail applications today of Aryan Khan, Arbaaz Merchant and Munmun Dhamecha.

#AryanKhan #AryanKhanBail #AryanKhan #Bail #GauriKhan #ShahrukhKhan

Satish Maneshinde has arrived.

Court asks if the hearing can begin.

Taraq Sayed for Merchant mentions that ASG and Sethna both have not arrived yet.

Maneshinde: Normally I am on time! (Laughs)

#AryanKhan #AryanKhanBail #AryanKhan #Bail #GauriKhan #ShahrukhKhan

Sethna’s junior: We are preparing the replies. We should be done in a few minutes.

Court: How much time?

Sethna’s junior: 10-15 minutes

#AryanKhan #AryanKhanBail #AryanKhan #Bail #GauriKhan #ShahrukhKhan

Sethna’s junior: The ASG Anil Singh is also on his way for this matter.

#AryanKhan #AryanKhanBail #AryanKhan #Bail #GauriKhan #ShahrukhKhan

ASG Anil Singh and Advait Sethna arrive.

#AryanKhan #AryanKhanBail #AryanKhan #Bail #GauriKhan #ShahrukhKhan

Hearing Begins

Follow Live on the web - bit.ly/3BndKeE

#AryanKhan #AryanKhanBail #AryanKhan #Bail #GauriKhan #ShahrukhKhan

Court: Say given?

ASG: Just giving sir..

Maneshinde: Let us start, we already lost 15 mins. We will take the say as and when it comes

#AryanKhan #AryanKhanBail #AryanKhan #Bail #GauriKhan #ShahrukhKhan

Maneshinde: Kindly see CrPC..

AsG: We are raising issue on maintainability. So answer that first.

Maneshinde: All arguments will be argued at one stage..

ASG: No that cannot be..

#AryanKhan #AryanKhanBail #AryanKhan #Bail #GauriKhan #ShahrukhKhan

Maneshinde: You cannot dictate to the court.

ASG: Once maintainability is raised, then that has to be heard first..

#AryanKhan #AryanKhanBail #AryanKhan #Bail #GauriKhan #ShahrukhKhan

Maneshinde: We argued remand full, not on maintainability and all

Court: You file your say, on merits and maintainability. I will decide it. Whatever you want to say, first file

Maneshinde: Please don’t dictate to the court

#AryanKhan #AryanKhanBail #GauriKhan #ShahrukhKhan

ASG: Please don’t keep saying that.

Normally who raises maintainability issue argues first, then the other side replies, the Court can decide and if it is maintainable, then hears further..

#AryanKhan #AryanKhanBail #GauriKhan #ShahrukhKhan

Court: Accused have filed plea with all details including law and jurisdiction..

ASG: But that is not the procedure. May I not point out the correct procedure?

Court: Okay I understood, you file your application then

#AryanKhan #AryanKhanBail #GauriKhan #ShahrukhKhan

Maneshinde: In all these years, such things were not seen.. I am extremely surprised, that in a case where I have not been found with anything and the court has rejected their application for further remand and sent them to judicial custody, They are raising these points.

Maneshinde: It is for the court to decide the procedure.

ASG: Let me begin my arguments on maintainability..

Court: okay you file whatever..

ASG: My reply is coming..

Court: File that, then we will hear..

Maneshinde: Everyone should get a fair chance.. We should be give a fair chance to argue on bail..

First time someone from the prosecution is telling the court the procedure..

ASG: It is not new.. as lawyers we have to show the procedure..

#AryanKhan #GauriKhan #ShahrukhKhan

Court: As you are both arguing before me, I cannot comment.. but if I get an application, then I will decide..

#AryanKhan #GauriKhan #ShahrukhKhan

Court: In your reply you can raise the issue of maintainability.. no need of separate application

ASG: There is a judgment I am relying upon..

Maneshinde: Let me see the reply first

#AryanKhan #GauriKhan #ShahrukhKhan

NCB has filed separate reply raising issue of maintainability.

Court is perusing the same.

The reply raises jurisdictional objection replying on Section 36A of NDPS act and judgment of Rhea Chakraborty.

#AryanKhan #GauriKhan #ShahrukhKhan #RheaChakraborty #ncbraids

ASG: Let me just show a Supreme Court judgment. And then the Court can decide..I am showing two paragraphs, and then I am done.

1999 judgement this is.. ASG is reading out para 9 of the judgment

#AryanKhan #GauriKhan #ShahrukhKhan #SupremeCourt

ASG is reading TK Latika judgement.

ASG: if the application is not maintainable and if that is the court’s conclusion then there is no point going to merits.

#AryanKhan #GauriKhan #ShahrukhKhan #SupremeCourt

ASG: Any application on merits if not maintainable, will be waste of time. And it is for the court to decide, whether maintainable or not.

#AryanKhan #GauriKhan #ShahrukhKhan

Sayed: I am surprised the ASG is showing a rent act judgment in Criminal case.

Is it his submission that the bail application is not maintainable when a person is in custody?

#AryanKhan #GauriKhan #ShahrukhKhan

ASG: Let me read out my reply. The offences are triable under sessions court. These offences are non-bailable as per High Court judgment.

In a similar CR of conspiracy the Court held the offences were non-bailable.

#AryanKhan #GauriKhan #ShahrukhKhan

Court: We are hearing if maintainability should be heard first or not..

#AryanKhan #GauriKhan #ShahrukhKhan

Maneshinde: Why is the Union of India so agitated in this case where no possession is there..

ASG: No this you cannot say..

#AryanKhan #GauriKhan #ShahrukhKhan

ASG is reading out Rhea Chakraborty’s judgment para 9.

ASG: The accused were all arrested in a single crime and there cannot be bifurcation. I am saying in the present case..

Court: by hearing this application, I am not restricting the parties to submit only on maintainability

ASG: If there are 10 accused in one offence, same FiR, even if one accused is found with small quantity, and others not, then there cannot be segregation, and the sessions court is supposed to hear

#AryanKhan #AryanKhan #Bail #GauriKhan #ShahrukhKhan

ASG: This court had held in a case before that the bail application was not maintainable..

Court: So you want me to hold without hearing..

ASG: No I never said. Please don’t put words in my mouth like that.. I cannot stop anyone..

#AryanKhan #GauriKhan #ShahrukhKhan

Maneshinde is reading section 37 of the NDPS act.
And then 36A which talks of trials by special NCB courts

#AryanKhan #GauriKhan #ShahrukhKhan

Maneshinde: Kindly see subsection 5 of 36, offences punishable for more than 3 years.. will be tried summarily.

Who will try? Magistrate court.

S. 437 of CrPC. The powers to grant bail is inherently given in CRPC.

The bail-ability and non bail-ability of the offence is given

Maneshinde: Embargo in 437 is for death or life imprisonment or previous offences.

That is not applicable to me.

Maneshinde: Kindly see Bombay HC judgement in Sanjay Malshe case.

#AryanKhan #GauriKhan #ShahrukhKhan

Satish Maneshinde is reading the judgement in Sanjay Malshe vs State of Maharashtra.

#AryanKhan #GauriKhan #ShahrukhKhan

Satish Maneshinde: there is no prohibition on the Magistrate because this court is covered by CRPC and the magistrate has jurisdiction to try several offences.

#AryanKhan #GauriKhan #ShahrukhKhan

Maneshinde: Now after this, there is a judgment of Justice Dangre as to how learned judge is dealing with offences under NDPS where people who are caught with small quantity or intermediate quantity particularly for first time Offenders are dealt with

#AryanKhan #GauriKhan

Maneshinde: This is after Rhea Chakraborty judgment. Everyday the law is evolving. So that needs to be seen

#AryanKhan #GauriKhan #ShahRukhKhan

Satish Maneshinde is referring to this Judgment.

barandbench.com/news/litigatio…

#AryanKhan #GauriKhan #ShahRukhKhan

Satish Maneshinde: This order is as fresh as August 24

#AryanKhan #GauriKhan #ShahRukhKhan

Maneshinde: After Sethna has started appearing, every point is being fought for.. I appreciate..

Sethna: Thank you!

Maneshinde: Now this is Gaurav Dixit order. From sessions court. You are quoting Magistrate, I am quoting Sessions.

There also Sethna vehemently fought..

Maneshinde asks Sethna: have you filed appeal in Gaurav Dixit?

Sethna: we don’t know..

Maneshinde makes more Legal submissions. Section 8(c) of NdPS not applicable to me because it is about sale, purchase, manufacture..

#AryanKhan #gaurikhan #ShahRukhKhan

Maneshinde: Section 20(b) is similar..

In this case, nothing of this applies..

They have my WhatsApp messages which your honour has disregarded for judicial custody

If there is offence for life or death penalty, then it is an issue.. but otherwise..

#AryanKhan #gaurikhan

Maneshinde: I am an accused for consumption (of drugs)..

I respect that they made statement that they found nothing with me.

Your honour did not find reasons for NCB custody hence judicial custody was given..

#AryanKhan #gaurikhan #shahrukhkhan

Now section 28 is for punishments..

Section 29 for abetment and criminal conspiracy, there is nothing to disclose conspiracy but be that as it may, whoever is a party.. kindly see Section 29

#AryanKhan #gaurikhan #shahrukhkhan

Maneshinde: There is no embargo as far as I am concerned. There may be others with different charges. Those charges cannot be foisted on me. Coming back to my own.. Stephen Muller’s case which has been considered in detail by Single judge (in Rhea)

#AryanKhan #gaurikhan

Maneshinde: If there is conflict, then it is appropriate for the judge to refer to larger bench.

Unfortunately that has not been done..

#AryanKhan #gaurikhan #ShahRukhKhan

Maneshinde: So he will cite Rhea and I will cite Stephen.

I did not ask for bail as a matter of right. I let go off that on the first day. I did not ask for bail on first day.

I thought they will take a linear view considering that there is no material against me.

#AryanKhan

Maneshinde: But if they are prosecuting me under NDPS, your honour would ask where is the material.

I understand they have connected material based on chats and all..

But it is well settled that offence is bailable, and non-bailable according to my learned friend (ASG)

Maneshinde: There are no embargo on me under Sec 37 NDPS. Milord is free to grant bail once held maintainable.

Kindly see the 2006 judgment of High Court.

#AryanKhan #GauriKhan #ShahrukhKhan

Satish Maneshinde: High Court has always been liberal in granting bail. Prosecution still keeps opposing..

#AryanKhan #GauriKhan #ShahrukhKhan

Satish Maneshinde: I am giving judgements of single judges of High Court.

#AryanKhan #GauriKhan #ShahrukhKhan

Maneshinde: The High Court has granted bail for small quantity, I have been found with nothing. Not even one gram, nothing.

#AryanKhan #GauriKhan #ShahrukhKhan

Satish Maneshinde: Power of the High court to grant bail is there with this court also. I submitted a judgement for interim

#AryanKhan #GauriKhan #ShahrukhKhan

Satish Maneshinde: This (judgement from SC) is a command from Supreme Court that don’t play along with fundamental rights of citizens.

#AryanKhan #GauriKhan #ShahrukhKhan

Maneshinde: I am giving another judgement from 2021, Justice Pitale from the High Court Bench at Goa

#AryanKhan #GauriKhan #ShahrukhKhan

Satish Maneshinde: There was no seizure (of drugs) from the applicant in this case.

Bail application was allowed.

Another judgement of 23 September of Justice Pitale. Para 9 may be seen.

#AryanKhan #GauriKhan #ShahrukhKhan

Maneshinde: Let us not stand on technicalities when there is case on merits. Once there is case on merits, then technicalities will not stand (reading judgment of Justice Pitale)

#AryanKhan #GauriKhan #ShahrukhKhan

Maneshinde: I am submitting a small chart on the judgments I cited and how they can be differentiated.

This is a nutshell on what I spoke for last one hour.

Now on facts, I am a 23 yr old with no prior antecedents.

#AryanKhan #GauriKhan #ShahrukhKhan

I happen to be part of Bollywood so I reached International terminal.

When I reached the NCB asked if I had drugs on me, I denied.

Despite that they searched me, my bag, my clothes.

They perused my phone.

They thought they will find something to interrogate me.

#AryanKhan

Apart from questioning on day 1 nothing else has happened after that.

In the last 5 days nothing has emerged. Aachit was revealed on first day, they took their own time and Aachit was remanded yesterday

#AryanKhan #GauriKhan #ShahRukhKhan

Satish Maneshinde: I will be required for confrontation interrogation, that has been rejected by Supreme court.

Justice Krishna Iyer said corroboration, confrontation, interrogation can take place in absence of custody of the accused.

#AryanKhan #GauriKhan #ShahRukhKhan

Maneshinde: These judgments have been considered time and again that normal tendency of the court is to grant bail if no serious crime.

And nothing would emerge as there is nothing..

#AryanKhan #GauriKhan #ShahRukhKhan

Maneshinde: I am from respectable family, my parents,
Siblings are here. I hold Indian passport

#AryanKhan #GauriKhan #ShahRukhKhan

Maneshide: I have roots in the society, cannot abscond.

There is no question of tampering of evidence or accused.

The electronic evidence is taken, the other accused are in custody.

#AryanKhan #GauriKhan #ShahRukhKhan

Maneshinde: With these arguments I am concluding, if ASG raises a point if law, then I will respond.

#AryanKhan #GauriKhan #ShahRukhKhan

Magistrate: I have an inspection meeting at 2 or so..

Maneshinde: Lives of people are involved.

Magistrate: Finish today only?

Sayed: Yes yes, We will finish today only.

#AryanKhan #GauriKhan #ShahRukhKhan

Magistrate: Okay then 2.45 pm!

ASG: I will come at 3..

Maneshinde: Of course, unlike the SC we have only one ASG, he has to go to all courts.

#AryanKhan #GauriKhan #ShahRukhKhan

Bench rises for lunch. Hearing to continue at 2.45 pm

#AryanKhan #GauriKhan #ShahRukhKhan

The Nigerian National Chinedu Igwe will be produced today for remand. The 18th accused in the case.

#AryanKhanDrugCase
#Cruiseshipdrugcase

Advocate Gorakh Liman is appearing for him.

That remand will be taken post Aryan’s bail hearing.

He was found with 15 gms of ecstasy pills.

#AryanKhan
#Cruiseshipdrugcase

Court commences hearing

Sethna: There is a fresh remand..

Court: When is ASG coming?

Sethna: 15 mins.

Court: I will hear then..

Magistrate is hearing another remand by ATS, Mumbai.

#AryanKhan
#Cruiseshipdrugcase

Sethna begins remand submission for Igwe.

This remand is in furtherance of the investigation in the case. The sections are 8(c), 22, 27, 27A..

There are 15 gms ecstasy pills recovered. The recovery has come from Investigation of Abdul Kadir who is accused 9

#AryanKhanDrugCase

Sethna: On the basis of ongoing investigation, with each passing day, this name has come to the forefront.

Hence 9 and 27A has been invoked.

There is prima facie element of conspiracy and the persons are cohort with each other.

#AryanKhanDrugCase #AryankhanDrugsCase

Sethna: One Nigerian national was intercepted while he was going to deliver contraband to his custody.

From the disclosure of the accused, he says that he is part of the ecstasy trafficking network.

This is part of the commercial quantity of Abdul Kadir.

#AryanKhanDrugCase

Magistrate: What is his nexus with the present case?

Sethna: From one Mohak Jaswal, came the name of Abdul Kadir. And from him this Igwe’s (Nigerian) name comes, who is a peddler.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Sethna: This is the third person in the link.

Further investigation is bringing this forth.

From the remand already granted, these names are found.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Court: From the persons already in custody who are denying conspiracy, then how are you linking future..

I am Asking are you limiting this investigation to the present cruise or going beyond.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Court: Based on info of accused, you may arrest other accused who are not involved in the present case.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Sethna: I am restricting to the facts and circumstances of this case but while investigating based on the statements, some arrests may be made on prima facie connections

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Sethna: These sections have an element of conspiracy.

This is part of the entire thread..

It is upto the Court to decide whether to keep same or bifurcate..

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Adv Liman (appearing for Nigerian): I don’t have panchnama. There is nothing against me for sections under 27A.

I am foreign national person.

They have invoked Section 35, culpable mental state, at this stage!

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase

Adv Liman: Tomorrow my mother will be arrested because she paid for my weed!

For harbouring.. how to invoke these sections at such stage..

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Liman: Conspiracy is shown.. give us a chance to prove our case.. but how do you prove this at this stage?

Court: Why don’t you settle this all once for all under Section 482 (approaching High Court)?

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Sethna: I have only one year practice.. but he is saying bring the man and then I will show the law..

Liman: That is not what I am saying..

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Court: Police custody till October 11 for Nigerian national Chinedu Igwe

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Satish Maneshinde continues his submissions on Aryan Khan bail.

Reads judgment of Harsh Sawhney from Supreme Court.

The two grounds which will entitles me for bail are fulfilled.

Maneshinde concludes.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Sayed for Merchant begins submissions.

In case of murder, charge is 302, there is something, some fetters for denying bail. But when there is insufficient evidence for punishment then magistrate is granting bail as normal course not as exception.

#AryanKhan #GauriKhan

Sayed: There is nothing to connect me with any other co-accused persons. So conspiracy does not arise.

Why would they oppose my application for CCTV?

They have said it will prejudice their investigation, in their reply. How is that possible?

#aryankhandrugcase

Sayed reads: Investigation is at nascent stage and the relevance of CCTV will be important at trial and not now.

Such demand would cause great prejudice.

I am shooting myself in the foot if the contraband is shown in the CcTV.

#aryankhandrugcase #Cruiseshipdrugcase

Sayed: If it says that there will be prejudice it means that there is something not in tandem with what they have stated.

The best evidence is what is produced in court. CISF has no axe to grind against me or NCB

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase

Sayed: This is new trend, they arrest 34-35 accused. One makes statement that there is evidence against another, he is arrested, then a third.

Court; Why are you not raising this in court?

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase

Sayed: in this stage, i have to mention grounds, and I dont want them to know something at this stage they have not thought of.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase

Sayed: I have allegedly mentioned in the panchnama that I was going to consume and have a good time.

They have mentioned that. Assuming this is true, this is a case of consumption.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase

Sayed: What is the punishment for consumption?

6 months..

This is not even trial.. but I have only offence of consumption.

The moment it is less than 3 years.. then my learned friend has argued that offences is less than 3 years imprisonment can even be tried in this court.

Sayed: There is nothing that stops this court from releasing me. I am a local boy.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase

Ali Kaashif Khan Deshmukh for Munmun Dhamecha begins his submissions

@AliKaashifKhan #AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase

Deshmukh: As per their own submission, there was one Soumya and Baldev with me who invited me.

They have not arrested them, then how they say it was found only with me.

@AliKaashifKhan #AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase

Deshmukh: Coming to the citations, although my senior has already argued.. I just want to say that their reply only says this is cognizable and non-bailable offence.

The Act is clear on what is the purview of bailable or non-bailable acts

@AliKaashifKhan #AryanKhan #GauriKhan

Deshmukh: 3 remand applications, and there is no nexus.. Why should I be in custody?

@AliKaashifKhan #AryanKhan #GauriKhan

Deshmukh: High Court has already decided which court decides what..

Deshmukh tenders all judgments he will be citing.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Deshmukh: I have been found with a small quantity..

5 gms.. this should be considered

And this is for consumption.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Deshmukh: I have no nexus with anyone. I don’t even live in Mumbai. I was invited on the cruise, hence I came.

I am pressing for interim bail also.. which is part of my application..

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

ASG: We are not opposing their right to seek bail or application to seek bail.

What I am opposing is right to claim Bail in this court

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

ASG: I am not saying bail cannot be filed.

Everybody has a right to bail.

Without entering into the merits..

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

ASG: This supports what your honour has held in Armaan Kohli’s judgment
#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase @armaankohli

ASG: The advocate for petitioner also submits that wherever the legislature has deemed it fit for a bar, they have instituted special courts.

They have referred to S 36 of the NDPS act.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Maneshinde: Why are you reading in bits and pieces? And interpreting in your manner.

ASG: I will read what I want, I did not interrupt you. You were also reading like this..

My friends here have reported what all has happened…

#AryanKhan #GauriKhan #ShahrukhKhan

ASG is reading the entire judgment of Sanjay Mahale..

This judgment is in my favour and this is what is held by milords in Arman Kohli.

The order which was passed by milords is on the same lines.. I read this in the morning too, I am re-reading..

#AryanKhan #GauriKhan

ASG: What I am arguing today is exactly what is in this order.

I am just saying this application is not maintainable here because there is a Special NCB court where they can approach for bail.

Milords were shown a judgment of Justice Dangre. I will show from that..

ASG Anil Singh: The contention was that there was not commercial quantity or even intermediate quantity.

My response is that the High court was hearing an appeal from an order of the Sessions Court!

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

ASG: My learned friend cited a judgment of 2-3 paragraphs saying that I am entitled for interim bail..

even that judgment says, that you have to go to the concerned court..

If the court cannot grant regular bail then interim bail cannot be granted.

#AryanKhan #GauriKhan

ASG: Whenever application is made for bail then even interim bail is sought for.. but then it should go before the regular court

#AryanKhan #GauriKhan #ShahRukhKhan

ASG: You have to first cross the hurdle that this application is maintainable here, and then proceed for bail..

#AryanKhan #GauriKhan #ShahRukhKhan

ASG: the Statement is recorded, the WhatsApp chats are there.. and though it is in the file.. the football message he referred to, he is talking of bulk quantity, this is chat between Aachit and Aryan

#AryanKhan #GauriKhan #ShahRukhKhan

ASG: I wanted to avoid saying in court.. but how is that a football message

How can there be separate case?

Can there be two trials, two chargesheets.. can parallel trials go on here and in sessions? This is one crime, one FIR, one group..

#AryanKhan #GauriKhan #ShahRukhKhan

ASG: You have small quantity but you are part of the group..

My submission is that the court must first decide on the maintainability.. but if you want me to argue on merits..

#AryanKhan #GauriKhan #ShahRukhKhan

Court: You argue on both because they have argued on both aspects..

Sayed: This is unheard of..

ASG: This is heard of.. you don’t know the law then..

#AryanKhan #GauriKhan #ShahRukhKhan

ASG: On merits, Maneshinde relied upon Stephen Muller case, that is this offence comes under Stephen..but I will rely on Rhea..

#AryanKhan #GauriKhan #ShahRukhKhan

Maneshinde and ASG have a minor tussle.

Maneshinde: By staring at me I am not going to get scared.. there is nothing personal here..

After a minute..

Court to officer: I will give you remand order soon, but you have carried accused to Arthur Road jail?

Officer says yes.

ASG: SC Baldev Singh judgement is not referred in Stephen Muller. But it is referred in Rhea Chakraborty. So that is binding on this court. And Rhea is more recent.

ASG: All offences are non-bailable has been held..

ASG: Your Honour held in remand order of October 4 shows that all NdPS offences are non-bailable..

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

ASG: It has been held by this court so now it is not open for my friends to say it is bailable.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

ASG: Your honour has seen the entire case, the Whatsapp chats, the circumstances .. this cannot be co-incidence.

It cannot be that accused 1 and 2 met at the terminal.

The two met and went to the terminal in the same car. So it cannot be that this is co-incidence

ASG: Your honour has seen the entire case, the Whatsapp chats, the circumstances .. this cannot be co-incidence.

It cannot be that accused 1 and 2 met at the terminal.

The two met and went to the terminal in the same car. So it cannot be that this is co-incidence

ASG: We have arrested suppliers, organizers, and even Aachit.

It is not like they are new to contraband. So it is not a matter of coincidence.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Court: What was the specific information you recovered? Your intelligence received?

Was it assembling.. what is it? That is important for attracting S 29?

ASG asks the Court to read the case diary. And then reads their reply again.

ASG is reading reply to bail application of Arbaaz Merchant.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

ASG is reading out each reply to show how the replies differ in each application.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

ASG is reading Rhea’s judgment again.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

ASG: My submission is that most of the judgements of my friend is on facts where the order was heard by sessions court.

This is a case where there are 17 persons, you (Aryan) are an accused.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

ASG: The connection, then involvement, everything is being investigated. Suppose the persons are released, then it is a very likelihood of interference in witness and tampering of evidence. This is all about connection, conspiracy and link.

#AryanKhan #GauriKhan #ShahrukhKhan

ASG: All the reasons milord is aware. These are influential people. In this case tampering with witnesses and evidence is easy.

#AryanKhan #GauriKhan #ShahrukhKhan

ASG:That there was no connection, they are not organiser & supplier or not even on the cruise that is not important

Day 1, we had some accused, now we have organizer, supplier & now a nigerian. This has all happened in course of investigation
#AryanKhan #GauriKhan #ShahrukhKhan

ASG: Apart from maintainability, this application should otherwise also be rejected.

Maneshinde replies: I want to make it loud and clear. I am not here to ask for bail as a matter of right.

#AryanKhan #GauriKhan #ShahrukhKhan

Maneshinde: I am not saying Offence is bailable.
Bailable or not..

Assuming they are non-bailable, my submission has been based on all judgments.

The day milord grant judicial custody, the prosecution cannot say you are not regular court for bail or go to special court

Maneshinde: That Is why I took pains to read 437. The moment a person is produced before, what is to be considered is whether

1)the person is punishable with life imprisonment or death,
2) antecedents

Then, Bail can be granted

Maneshinde: SC judgment of 2010 is there, which I will submit now.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Satish M: What Stephan Muller says is that if there is embargo only then bail can be rejected, but that is the law. Section 36A of the NDPS Act makes it obligatory for all trials before NCB court.

Court: It also says that within 3 yrs punishment is with Magistrate

Satish M: Yes

Satish Maneshinde: There are embargos under Section 37 if offences are 19, 27 and 27A, but just because 27 is applied in the case does not mean it should apply to me.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Maneshinde is reading Akhlak v. State.
He will rely on one judgment and I will on another of the co-ordinate..

But I am not saying these offences are bailable.. whatever you charge against me, but if you have no material Against me, then you cannot hold me even for a minute.

Maneshinde: Kohli case, this judge rejected bail because it was not clear that stage whether 27A applies or not

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Maneshinde: There is nothing against me.

Allegations are being made. Amongst all offences, punishment is max 3 years.

What tampering will I do? They have all electronic evidence.

Merely because a person belongs to influential family does not mean he will tamper

#AryanKhan

Maneshinde: There are people roaming around with more serious offences, I am not one of those.

I have never used my influence.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

In many cases they give their no-objection.. there was no such serious offence..

Faizan Ahmed, he was produced with Rhea Chakraborty and he was granted bail,

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Maneshinde: In Showik’s case, they (Rhea and him) were all heard together. But the reason he was not granted was because the court was of the opinion that the evidence of trafficking and drugs against him.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase

Maneshinde: To sum up, Milords can grant bail even in non-bailable offence as well.

He is not going to tamper and there is no evidence against him.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Deshmukh: There is a judgment I have submitted that this court can hear bail..

Magistrate: can this court try this matter?

Deshmukh: That is precisely my submission..

ASG intervenes.

Maneshinde: ASG has stood up. Let him speak..

ASG: On the law of precedence, I want to submit that the Bombay HC judgment in Rhea has considered the SC judgment.

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Magistrate: The remand order has to be prepared at the earliest.

I do not have that much time for dictating that order also. I know you are all anxious

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

Magistrate: I will need some time.. I will give operative order now, but I will give reasons later.

Maneshinde: The High Court has been doing this for long.. But I don’t think Union of India has a problem

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase

Breaking - Judge denies to grant bail to Aryan Khan as not maintainable before us and hence rejected.

Magistrate: I will make corrections in remand order. i will give operative now, then I will dictate reasoned order, and then only leave the court

#AryanKhan #GauriKhan #ShahrukhKhan #aryankhandrugcase #Cruiseshipdrugcase

[BREAKING] Sharukhan Khan's son Aryan Khan denied bail by Mumbai court in cruise ship drug case

report by @Neha_Jozie

#AryanKhanBail #AryanKhanArrested

Read more here: bityl.co/91yi