Thread by @LawBeatInd

Live — A Special NDPS Court will hear Aryan Khan's bail application.

He was arrested on October 3 after which he was remanded to NCB Custody till October 7, following that, he was sent to JC and his bail was rejected by the Magistrate.
#AryanKhan
#CruiseShipDrugCase

Defence team led by Sr. Adv Amit Desai in Court. Awaiting Special PP for NCB A.M. Chimalkar
#AryanKhan #AryanKhanDrugCase

Addl Sessions Judge V.V. Patil to hear the bail plea of #AryanKhan today

All matters kept back. #NCB yet to file their reply in response to bail application filed by #AryanKhan

#AryanKhanDrugCase

Counsel for #NCB informs Court that the reply will be filed in some time.
#AryanKhan #AryanKhanDrugCase

#AryanKhan bail hearing expected to begin at 2:45pm today

The #NCB has handed over their reply to the respective bail applications to the counsels of #AryanKhan #ArbaazMerchant #MunmunDhamecha
#AryanKhanDrugCase

Maneshinde: I have received the replies, but I see no one here from the prosecution to argue
#AryanKhanDrugCase #AryanKhan

Amit Desai: Requesting that the case be heard at 2:30
Maneshinde: They (prosecution) might have gotten held up somewhere
Desai: Let us begin the hearing then, let them join

Adv. Lakshmi Raman: We have served the applications to them on Sunday itself. They had said that they will file the reply.

Adv. Ashwin Thool: They are anyway copy+pasting the same replies. Let them file today itself

#AryanKhan #AryanKhanDrugCase

Bail applications to be heard at 2:45 pm
Counsel for #NCB states that the signatures on the replies are pending, after which they will be filed.
#AryanKhanDrugCase #ArbaazMerchant #MunmunDhamecha #AryanKhan

Replies have been handed over to the defence counsels of #AryanKhan #MunmunDhamecha #arbaazmerchant but are yet to be filed in Court
#AryanKhanDrugCase

ASG Anil Singh and SPP Advait Sethna, for the #NCB , have arrived
#AryanKhanDrugCase #AryanKhan #ArbaazMerchant #MunmunDhamecha

Sr. Adv. Amit Desai and Sr. Adv. Satish Maneshinde for #AryanKhan also present.
Bail hearing to begin shortly.
#AryanKhanDrugCase

Sethna: ASG Anil Singh will be leading for the prosecution
#AryanKhanDrugCase

Adv. Thool: Milords they are yet to reply, as it is they are copy+pasting. They should file the reply in our applications also.
Sethna: Sir, day before yesterday, we were directed to file reply for first three cases, we filed.

Sethna: Incorrect statements must not be made. Whatever your lordship has directed day before yesterday, in the presence of Mr. Desai, have been followed. We have followed directions to the T!

Thool: Kindly see the record in Sr. 29, there is a specific direction.
Sethna: At least let us exercise some discretion, milord, if it is same or different. Let the hearings proceed and we shall see now.
Thool: long and short, milord, where is my reply?

Sethna: Long and short, where is the order? Milord this delaying the matters
Thool: This is unfair!
#AryanKhan #AryanKhanDrugCase

Thool: They should at least file the reply by 4:30/5
Sethna: Milords I will reply by 22nd October
Thool: So much time for offence punishable by 1 year!
Sethna: Let us begin hearing the matters now, let your lordship listen to the ASG and other seniors.

Sethna: If your lordship says, we will follow.
Thool: Why separate treatment for us? If they were all remanded together..
#AryanKhanDrugCase

Sethna: Milord we need some time, milord they are saying "copy paste". We will file reply on 22nd, your lordship may pass order
Thool: This kind of an approach is unfair!
#AryanKhanDrugCase #AryanKhan

Court: Let us begin the hearing now
Thool: Very well your lordship, ask them to file the reply by this evening.
Sethna: Everyone is here. The IOs are here. You can't come at the nth hour!

Bail application for #AryanKhan will be heard now
#AryanKhanDrugCase

Desai: This whole incident, so far my client is concerned, begins on afternoon of Oct 2, when he was invited to a party on this cruise and he accepted the invitation from the person who was not necessarily the organiser, but may have represented the organiser

Desai: as a result of which, I reached the terminal along with another friend, who is represented by Adv. Sayed. As we approached the gangway, we were accosted by officers of the #NCB

Desai: What happened then, as per NCB, is recorded in the panchnama. Let us see what the panchnama says, it is on pg 18 of my application
#AryanKhanDrugCase #AryanKhan

Desai reads the relevant portions of the panchnama
#AryanKhanDrugCase #AryanKhan

Desai: "Shri Ashish Ranjan Prasad, IO, stated that information he had with him, i.e. a group of passengers on the Cordelia cruise were having drugs for sale, use and consumption"

Desai: "Thereafter they reveal names of passengers who have drugs in their possession.."
"after that, #NCB team positioned itself near departure gate to look for persons"

Desai: "Thereafter, at 6:50 pm, two persons arrived at the dock who were searched.."

Desai: "Mr. Prasad asked if they're in possession of Narcotic Drugs, both agreed."

Desai: Thereafter, please mark this for record, that this is the item MD and this is five grams. Another pouch had cocain of 10 gms. Another pouch found with Charas- 10 gms.

Desai: Vikram was checked thoroughly, then Ishmeet was searched and was found with pouch with 15 tablets ecstacy weighed at 6.5 gms. Ishmeet then took out 40,000 in cash and said cash was for procuring drugs.

Desai: Allegation here is sale and purchase of Drugs.
Thereafter, two more persons came at the departure gate. Upon asking, they mentioned their names as #ArbaazMerchant and #AryanKhan

Desai: IO ShivPrasad asked them if they had any contraband. They said yes. Please mark 'they', both admitted apparently.
Arbaaz Merchant admitted he had charas in his shoes. He admitted that he had charas with #AryanKhan and we're going to have a good time on the cruise

Desai: Let's pause here for a minute. They recovered 6gms charas from #ArbaazMerchant
First fact relevant for #AryanKhan, no recovery from the person of Aryan Khan. There's no debate on this.

Desai: And from #ArbaazMerchant, it's a small quantity, but my friend will deal with that.
The important thing is, fact- supposed information of some people carrying party drugs for use, sale and confirmation

Desai: w.r.t. what you have for Aryan Khan, is nothing. There is recovery from others, but no recovery from me
#AryanKhan

Desai: When it comes to secret information of use, sale and consumption, it stands to reason that you must be in possession to use, sale and consume.

Desai: Whatever may be the information, for #AryanKhan , that information was wrong
#AryanKhanDrugCase

Desai: Please read the panchnama. They say another person was identified resembling information that #NCB has.

Desai: If this is the case, #NCB wanted to come there and catch them for use, sale, consumption. Everything was known to them. That's why they came there, to catch them.
But Aryan Khan? He was ZERO.

Desai: Whatever info they had for #AryanKhan failed as information.
#AryanKhanDrugCase

Sr. Adv. Desai continues reading through the panchnama
#NCB #AryanKhanDrugCase

Desai: So far as I'm concerned, no recovery. Let me take their case at the highest, it's that #AryanKhan admits that he had charas with Arbaaz Merchant and was going to use on the ship too.

Desai: No possession, admission of consumption. This is the maximum case they have against #AryanKhan

Desai: Then they completed panchnama at 20:10. Then they were on, 3rd Oct, at 7pm, produced before ld. Magistrate.
Pls see pg.27. That's the first remand application. Person arrested was Aryan Khan shown to be arrested at 2pm, along with Arbaaz and Munmun at 2pm

Desai: Please see this and mark it. On one hand we see panchnama, where there's supposed to be a connect between #AryanKhan and #ArbaazMerchant. There was no #MunmunDhamecha there. There was just two of us in panchnama, this is their case!

Desai: But when it came to arrest, they arrested 3 of us.
Please see remand now.
Sr. Adv. Desai reads through the remand application.

Desai: When it came to #AryanKhan, nothing is relevant as nothing was recovered from him. Out of all contraband, only 6gms charas was recovered from #ArbaazMerchant.

Desai: I don't know what's recovered from #MunmunDhamecha as the panchnama is silent on her

Desai: Ultimately, nothing was recovered from #AryanKhan. He had no cash, so he couldn't purchase. He had no substance so he couldn't sell or consume.
#AryanKhanDrugCase

Desai: on basis of panchnama, voluntary statement, #ArbaazMerchant and #AryanKhan were arrested for use, purchase, consumption.

Desai: I'm only arguing for bail, pls note. Involvement in consumption- only on basis of a submission. Sale? They had only 6gms charas, which as per Arbaaz was for their own consumption. And there's no money, so no purchase.

Desai: No connect between #AryanKhan and any recovery. This is explicit from Panchnama and from the facts.

Desai: When they take legal action and talk about keeping people in custody, it is for the Court to understand and decide.
Yes, they are doing a good job in Munbai, arresting peddlers. But that doesn't give them right to hold people. Their allegations are false w.r.t #AryanKhan

Desai: The man from whom there was zero recovery was arrested in first round. But others from whom small and intermediate amount was recovered, were not produced that evening at 7 pm with #AryanKhan

Desai: They say there are whatsapp chats showing nexus and they're investigating. This is what was there at remand stage. The magistrate Heard and decided on remand.

Desai: At next remand hearing, same this is reproduced. It's all cut and paste. What seems to be happening is that even on 4th Oct at 3:30, others hadn't been produced
#AryanKhanDrugCase

Desai: They also said, adding a paragraph, that five more were arrested previous evening (on 3 Oct). And then they cited the whatsapp chats again.
#AryanKhanDrugCase

Desai: Then comes the third remand, again same cut and paste. This is 7th October. By this time, only one other person's name given in remand- accused number 17 Aachit Kumar

Desai: What's found from him is 2.6gms of Ganja. This is one case connected to these people apparently, but unconnected to the Cruise.
CR registered for cruise or in relation to race party. And Aachit has been summoned and arrested from our submission.

Desai: They clubbed everyone, all others who were arrested, into this remand.

Desai: The ld. Magistrate's order was tendered to your honour. Order rejecting police custody remand.

Desai: Afer the original statement of #AryanKhan there has been no further interrogation as has been recorded in the ld.magistrate's order
#AryanKhanDrugCase

Desai: This is the factual situation which is also important in the context of bail. The one name which is supposed to have emitted from Aryan's case, is Aachit Kumar who is arrested.

Desai: A bail application was filed before ld. Magistrate but he rejected it only on the ground that he had no jurisdiction.
#AryanKhanDrugCase

Desai: On a technical construct, of 36a, that when it was one CR then the approach of the Court is to send the entire cass ahead. I will not get into the technical issues at this stage.

Desai: We are now, therefore, before your honour
#AryanKhanDrugCase

Desai: Issue arising now, is bulk of it, as per #NCB reply- all persons are inextricably connected. This is the heart of their case. These two words 'inextricably connected'. That's all.
#AryanKhanDrugCase #AryanKhan

Desai: This is a submission your honour deals with everyday in this Court.
#AryanKhanDrugCase

Sr. Adv. Desai reads through the #NCB reply that opposes grant of bail to #AryanKhan #ArbaazMerchant and #MunmunDhamecha

Desai: It can all be exaggerated. But the fact is that it's a case only of consumption, at most.
#AryanKhan #AryanKhanDrugCase

Desai: All other material is about other persons who are arrested, and then they say they're peddlers, smugglers, finances, etc.

Desai: then they invoke s.29- Conspiracy.
#AryanKhanDrugCase

Desai: It's a very well drafted document which creates the impression that there's an inextricable connection between #AryanKhan and all other arrested persons.
#AryanKhanDrugCase

Desai: Who else has he conspired with? There's only two people #AryanKhan and #ArbaazMerchant.

Desai: Milord, let's now get to some other basic facts- undisputed facts. They say illicit drug trafficking in this reply, very frightening! It's a serious term, they dump illicit international drug trafficking on #AryanKhan

Desai: I have no doubt that my friends know what illicit trafficking is in NDPS act. It's a term of law, not an ad-hoc term. It's defined in 2(8)(b). It's important to see how we can through about anything. #NCB should be cautious not to throw around such terms.

Desai: It is inherently absurd to say that this boy #AryanKhan is engaged in illicit drug trafficking. From whom there's been no recovery.

Desai: inherently absurd and false.
Adv. Desai reads the relevant section which states that there has to be cultivation, transport, sale, warehousing, import, export, dealing..
#AryanKhanDrugCase #AryanKhan

Desai: At most you can make a case of consumption. How is it illicit trafficking? Illicit trafficking is punished by S.27(A).
If you see the remand application, the panchnama, what was recovered?

Desai: In the remand application of #AryanKhan S.27(A) was never imposed! They know that he isn't guilty of this offence, he has not been arrested under it. Yet they speak of illicit trafficking.
#AryanKhanDrugCase

Desai: Wherever they felt appropriate to invoke 27(A), they have done so. They haven't done it for #AryanKhan because #NCB knows that there's no case of 27(A) against him

Desai: The question for us, and therefore I want to caution the Court, when your honour hears arguments for illicit drug trafficking, #AryanKhan has not been arrested under 27(A)

Desai: This takes me to another important admitted position. The only other thing NCB talks about is 'inextricably connected'
#AryanKhanDrugCase

Desai: Please turn to pg 19 of my bail application, exhibit A, it is the memo of arrest issued to #AryanKhan

Sr. Adv. Amit Desai begins to read the arrest memo
#AryanKhan #AryanKhanDrugCase

Sr. Adv. Amit Desai reads S.20(b) of the NDPS Act.
Desai: There's no sale, there's no purchase, how does this S.20(b) apply?
Let's see S.27 now, it's for consumption, punishment upto 1 year or fine upto 20,000
#AryanKhan

Desai: We have punishment for consumption and material for consumption is supposedly that submission recorded during panchnama.

Desai: I was arrested for 20(b), which doesn't apply. For 27, the panchnama will show it applies. 28 is attempt, where is 28? There is no attempt in law, even if #ArbaazMerchant is carrying 6gms charas. They were picked up at the gangway.

Desai: S.29- whoever abets. There is no abetment. I am happy to cite judgment after judgment on abetment. There is no abetment, they were picked up on gangway.
#AryanKhanDrugCase

Desai: He wasn't arrested on S.29, rightly. Because he wasn't in Conspiracy. #AryanKhan was invited there and had no material. Where is question of conspiracy?

Desai: today, entire reply is on principle of S.29. the allegation of conspiracy is, again, totally absurd. At most they can say you conspired with Arbaaz to consume. Yet, they didn't arrest #AryanKhan under S.29.

Desai: They will now come and say that their 7 days of investigation have revealed some information. The bail is being sought for when he was arrested. And he wasn't arrested for 29 and 20(b) doesn't apply.
#AryanKhanDrugCase

Desai: It can't be that in a bail application, you deprive a person of his liberty because they feel it's best to club everything in one CR
#AryanKhanDrugCase

Desai: My humble submission is, that, I am fully conscious of what is binding nature and persuasive. If I may be allowed to use some observations from your honour's orders as my arguments.

Desai: One of the orders is of 30 Aug 2021 in Sheldon D'Silva's case.

Adv. Amit Desai reads through the facts of the case.

Desai: your honour has held here how 29 is not valid. This applies here in the present case as well.

Desai: Order of Shabaaz Shaikh by your honour is also there.
I don't want to read all judgments at this stage, to save time. I don't want to repeat arguments at this stage of which you're already aware.

Desai: There are a series of judgments- Amar Singh, Ranveer Singh, Justice Pitale's judgments. All cases where bail has been granted.
#AryanKhanDrugCase #AryanKhan

Desai: Maximum case can be made out of Consumption only.

Adv. Desai reading through a recent Bombay HC judgment

Desai: We, as a country, have moved into a reformative stage. Originally punishment for consumption was 5 years, and was then brought down to 1 year.

Desai: Many countries including India, at the UN Conference on Drugs, agreed to remove Cannabis from Schedule 1 and move it to Schedule 4.

Desai: In this case, they aren't peddlers. They're young kids. Let us not penalise them on the law of bail. Let us not make it worse.
I'm deeply grateful to the Court, if there's anything else I shall assist accordingly
#AryanKhanDrugCase #AryanKhan

Adv. Sayed begins submissions for #ArbaazMerchant

Sayed: Ld. Senior has stated facts thoroughly. Only one thing, see panchnama. Panchanama is to take anything incriminating, needed later for proving charge.

Sayed: Their entire case is about mobile phones. As per their panchnama, we came to the docks to go to the cruise.

Sayed: The prosecution, even during arguments before lower court, were talking about WhatsApp chats
#ArbaazMerchant

Sayed: No mobile phones seized under the panchnama. Therefore, my respectful submission..
Desai interjects: no panchnama was given to us about mobiles
Sayed: is there another panchnama? There cannot be.

Sayed: If phones aren't taken at this stage, during panchnama, whatever my ld friend tells the court (prosecution), is not valid.

Sayed: When we were intercepted, there were no phones on us. Panchnama clearly says that we were searched. If no phones found on our person that day, where are these WhatsApp chats coming from?
#AryanKhanDrugCase

Sayed: The only evidence that the prosecution has, and can rely on, is this panchanama where a case of consumption may be made out. And this court can grant me immunity under 64a.

Sayed: It's their case that the contraband was for consumption, and for that there is an immunity.
#ArbaazMerchant #AryanKhanDrugCase

Sayed: In absence of recovery of phones, only evidence that can be relied on for custody is recovery. Arbaaz had 6gms.

Sayed: I had purchased from Accused 17 who has been arrested. That part of investigation is also complete now sir.

Sayed: Their stand is that his recovery cannot be taken in isolation. If your honour sees remand application, there was recovery from other persons.
At what stage can we be tried together?

Sayed: 6gms for consumption and nothing beyond. My submission is that for the time they've spent in jail, kindly release them on bail, sir
#ArbaazMerchant #AryanKhanDrugCase

Adv. Kashiff for #MunmunDhamecha

Kashiff: I am a fashion model. I keep doing rampwalks. One occassion was the cruise. I was invited by Mr. Baldev, who isn't an accused in the case. He booked the ticket and room for me.

Kashiff: I entered at 5:30, and within 2-3 minutes the raid occured. There was a packet lying in the corner of the room. The panchnama is very clear that there's no case against me.

Kashiff: There were two others with me. The panchnama states that a packet containing black semi-solid liquid was found from the desk corner.

Kashiff: On weighing it, it was found to be 5gms in weight. Nothing was recovered from my person.
#MunmunDhamecha

Kashiff: During search of Soumya Singh, two packets of rolling paper were recovered. Why am I arrested!? Search and seizure was of Soumya Singh who isn't even arrested. Why am I behind bars?
#MunmunDhamecha #AryanKhanDrugCase

Kashiff: Unfortunately, I am arrested. My seniors rightly said, I have no connection with accused 1 and 2. I don't even know them.

Kashiff: Coming to arrest memo, at pg.58, whatever is alleged against me is without an iota of evidence. I am a common person, not a celebrity. I don't even know the other two accused.

Kashiff: The reply filed by #NCB is all about accused 1 and 2.
Since time of my arrest, I'm the one struggling the most. I have no connection with absolutely any other accused/arrested persons.
#AryanKhanDrugCase

Kashiff: See pg.2, para 3, it states that I was arrested with 5gms of hashish from my conscious possession. How is it conscious posession when their own panchnama states that hashish was found in the corner of the room!
#MunmunDhamecha #AryanKhanDrugCase

Kashiff: coming to para 19, it states that I've boarded the cruise individually, and I agree! Why are they giving these submissions?

Kashiff: They are trying to allege conspiracy. Have they even ascertained that i have contact numbers of accused 1 and 2?
#MunmunDhamecha

Kashiff: They ask how I boarded without the MV Empress Card? I didn't have it because it was booked for me by Mr. Baldev. The #NCB should question this Mr. Baldev
#AryanKhanDrugCase

Kashiff: Latest judgment of 2020, HC of Kerala.

Adv. Kashiff reading through highlighted parts of judgment.

Kashiff: Milord, as it is case that's been being made against me and several others. There are a catena of judgements that state that you cannot club the entirety of recovery.

Kashiff: in my case, nothing was seized. Hashish found from corner of the room. Where are the two other people from the room?
#MunmunDhamecha #AryanKhanDrugCase

Kashiff: I am a resident of Madhya Pradesh. I came because I was invited. I don't have any connection to anyone. I am suffering the most and I may be granted bail
#MunmunDhamecha #AryanKhanDrugCase

ASG Anil Singh to begin submissions for the #NCB
#AryanKhanDrugCase

Maneshinde: Request you to finish at the earliest
Singh: I will start today, if something remains then I will continue tomorrow

Singh: There are bail applications being heard day in and day out. They don't conclude on the same day, and can extend to the next day.

Singh: As far as this matter is concerned, I'd like to make two submissions. Much has been stated of this matter during arguments and otherwise.

Singh: #NCB is a responsible agency And the entire nation is concerned about drug abuse, drug trafficking. A lot of people are affected. Your honour knows that we regularly come across rave parties where youngsters assemble.

Singh: Even college students indulge in this. We are all concerned. This isn't about one or two persons. We are concerned about the entire thread, the entire connect. We're concerned about the gang indulging in drug trafficking.

Singh: We have to find out who all are involved in this. It's difficult to believe that somebody is invited. I find no invitation. The argument is that they were invited for a party, and I didn't know who was coming or what was going to happen
#AryanKhanDrugCase

Singh: Their contention is that they didn't know that someone with them was carrying contraband.

Singh: I will read the relevant chats and panchnama, to show that this is not a case where somebody says that they are only an invitee, and at most they're a consumer. It's not that simple.
#AryanKhanDrugCase #AryanKhan

Singh: When we apply s.29-conspiracy, and here it means all persons connected or involved here. Right now, that's 20 persons who are arrested. Out of then, there are peddlers also.

Singh: There has been communication between applicant 1 and 2, with drug peddler
#AryanKhan #ArbaazMerchant

Singh: I had shown whatsapp chats to the Magistrate. There's a specific reference to bulk quantity.
#AryanKhan #AryanKhanDrugCase

Singh: Someone won't refer to bulk quantity for personal consumption. There is also communication with a foreign national, where there is a reference to hard drugs.
#AryanKhan #ArbaazMerchant #AryanKhanDrugCase

Singh: If the voluntary statement recorded, the panchnama, the whatsapp chat, if they're seen minutely, then your honour will certainly find why we're saying that the entire crime needs to be investigated further and that release of accused will hamper investigation

Singh: I Have heard my ld friend where he said that he wasn't found in possession of contraband
#AryanKhan
That as per panchnama, contraband was with #ArbaazMerchant

Singh: It's their contention that the recovery was from Arbaaz not Aryan
Desai interjects: It's not my case, it's yours
Singh: When he was arguing, I didn't interrupt. He should respond at the appropriate time.

Singh: It is my case that investigation is ongoing. That the voluntary statement cannot be totally ignored. Therefore, it is my case that the contraband was found in possession of #ArbaazMerchant

Singh: Arbaaz and #AryanKhan both met at the residence of Aryan. Arbaaz went to his residence, both went in the same car, and they were at the terminal where they were found.

Singh: It is also admitted, and I'll show the panchnama, that the contraband with #ArbaazMerchant was for 'their' consumption- both of their consumption. Both of them were aware of the contraband on Arbaaz's possession
#AryanKhanDrugCase

Singh: To say that one case is different from the other, and that one wasn't found in possession, will not be correct.
#AryanKhanDrugCase

Singh: As pointed out earlier, panchnama was drawn, and I have a request that I would like to directly come to the point because my department wants to show a file to milord
#AryanKhan #AryanKhanDrugCase

Singh: We want to show you the panchnama and the WhatsApp chat. The most relevant and important whatsapp chat.
#AryanKhan #AryanKhanDrugCase

Singh: Sir the whatsapp chat is in file. The gist has been handed to you. Kindly see both. The gist is just for your convenience. The chats are in the file.
#AryanKhan #AryanKhanDrugCase #ArbaazMerchant

Singh: The relevant chats have been marked for your lordship. The chats are about bulk quantity. Then, there's also a chat with a foreign national and the drugs mentioned there are also for bulk quantity. They are very hard drugs.
#AryanKhan #AryanKhanDrugCase

Singh: So when someone says they weren't found in possession, that at most someone with me was in possession, and that posession was small quantity, my contention is that we have arrested 20 persons so far in this CR

Singh: Out of these 20, 04 people are drug peddlers
#AryanKhanDrugCase

Singh: Milord, there is a person from whom commercial quantity was found. One of those persons, Mr. Aachit is a drug peddler. Accused 1 and 2 had conversation with him.
#AryanKhan

Singh: One accused by name Shivraj, accused 19, was in contact with #ArbaazMerchant. They are both drug peddlers. Milord accused 17,18,19,20 are drug peddlers
#AryanKhan #AryanKhanDrugCase

Singh: Accused number 9 is also a drug peddler, commercial quantity was recovered from him.
#AryanKhanDrugCase

Singh: The reason I'm stating this is because in a case of conspiracy, it is not necessary that commercial qty is found with all accused. Whether it's small qty, intermediate, or commercial qty,29 is applied

Singh: All accused must not have knowledge of what all others have done.
Therefore, if I'm applying 29, and your lordship may kindly see S.29 for a minute.

ASG Anil Singh reads S.29 of the NDPS Act

Singh: When 29 is applied, then, against whom 29 is applied, he will be liable for the same punishment which, otherwise, would individually apply

Singh: When I'm saying there's a group of people involved, there's peddlers involved, they have communicated with peddlers, their past record shows drug use since last few years
#AryanKhan #AryanKhanDrugCase
#ArbaazMerchant

Singh: The whatsapp chat you have seen, between applicant and foreign national which refers to hard drug and qty is commercial. This qty is simply not for personal consumption
#AryanKhan

Singh: We are in a process. We have approached the External Affairs Ministry's to ascertain how we can follow up with this foreign national
#AryanKhan #AryanKhanDrugCase

Singh: Kindly see my reply
Court: There are different replies?
Singh: Yes, there are different replies.
Before we get to that, kindly see the voluntary statement.

Singh: Request your lordship to kindly read the statement.

Singh: Milord kindly see the bail application now, para 3. The bail application of #AryanKhan

Singh: Kindly note that it states that the applicant has retracted his statement during hearing. Milord, I have denied this.
On page 3 of my reply, I have stated that the retraction was not on Oct 4, as stated by applicant, but actually retracted on Oct 7
#AryanKhan

Singh: There is nothing to show that there was a retraction, in the order of the magistrate. On 7th, obviously, on advise, it was retracted. In your reply you are incorrect that you retracted on first day
#AryanKhan #aryankhandrugcase

Singh: Kindly see my reply. Para 3 onwards.

Hearing concludes for the day.
ASG Singh will continue submissions tomorrow from 12 noon.
#AryanKhan #AryanKhanDrugCase

Adv. Thool: There's a specific direction by this Court to reply to all bail applications.
Thool: Let them be filed tomorrow.
Sethna: Let it be kept on 22nd, now the matter is going on. Give us some time at least.

Thool: I'm not under 27(A). I'm in only for one year maximum. They've asked for my judicial custody. Because they have difficulty, my liberty should be curtailed!
Sethna: Nobody's liberty can be curtailed! Milord these are peddlers!!
#AryanKhanDrugCase

Sethna: Milord everyone's liberty is involved. Milord there are ten applications.
Thool: Atleast our application should be kept tomorrow. It is only fair. I've been in custody for almost five days for a small quantity.

Court: All replies to be filed by 20 October
#AryanKhanDrugCase