Thread by @barandbench

[LIVE] Aryan Khan case to commence at 2.30 before Bombay High Court

- #AryanKhan, Arbaaz Merchant & Munmun Dhamecha have completed arguments
- NCB rep by ASG Anil Singh to argue today
- #BombayHighCourt hopes to conclude proceedings today

#AryanKhanDrugsCase #kirangosavi

Justice Sambre's Court has reached Item 22 and Aryan Khan case is listed as Item 39.

#AryanKhan #AryanKhanCase #MukulRohatgi #BombayHighCourt #AryanKhanDrugsCase #KiranGosavi

Justice Sambre has reached Item 28 and has 6 kept back matters.

#AryanKhan #AryanKhanDrugCase #AryanKhanDrugsCase #MukulRohatgi #KiranGosavi #BombayHighCourt

Justice Sambre is now hearing Item number 31. None of the lawyers are in Court.
The Court had indicated yesterday that hearing will begin post 2.30 pm.

#AryanKhanDrugCase
#AryanKhan
#MukulRohatgi
#BombayHighCourt
#AryanKhanDrugsCase

ASG is on his legs before another Bench. After finishing that matter, he will come to Justice Sambre’s court.

Justice Sambre has taken kept back matter at Item 14.

#AryanKhanDrugCase
#AryanKhanDrugsCase
#AryanKhan
#BombayHighCourt

Justice Sambre is continuing to hear matters serially now. Item 32 called out.

#AryanKhanDrugCase #AryanKhanDrugsCase #MukulRohatgi #AryanKhan #BombayHighCourt

ASG Anil Singh is waiting outside Justice Sambre’s Court. Advocate Shreeram Shirsat from his team is waiting in Court.
Sambre is now hearing Item no. 33.

#AryanKhanDrugCase #AryanKhanDrugsCase #BombayHighCourt

Justice Sambre has risen for linch break. He has completed Item 36.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #KiranGosavi

Senior Advocate Mukul Rohatgi with Advocate Satish Maneshine with the team from Karanjawala & Co have come to Court.

#AryanKhanDrugCase #AryanKhanDrugsCase
#MukulRohatgi
#BombayHighCourt

Reporters have still been asked to wait out in line, like yesterday. Once judge presides, they will be let in one by one.

#BombayHighCourt
#AryanKhanDrugCase
#AryanKhanDrugsCase
#MukulRohatgi
#AryanKhanBail

ASG Anil Singh with Advocate Shreeram Shirsat have come to Court.

#AryanKhanDrugCase
#AryanKhanDrugsCase
#AryanKhanBail
#KiranGosavi
#MukulRohatgi
#BombayHighCourt

Reporters have been let in. Justice Sambre is now hearing kept back matters.

All counsel are in Court.

#AryanKhanDrugsCase
#AryanKhanDrugCase
#AryanKhanBail

Case Begins.

ASG Anil Singh to argue for @narcoticsbureau

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase #AryanKhanDrugCase #AryanKhanBail

ASG Anil Singh: Aryan Khan is a regular consumer of drugs. There is evidence to prove that he has been providing drugs

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase #AryanKhanDrugCase #AryanKhanBail

ASG Anil Singh: We have argued about conscious possession. If two people are together and one person knows about the possession and use of drugs of the second person, then the first person is in conscious possession

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase

ASG : They are (Aryan and Arbaaz) are childhood friends. They travelled together and were going to be staying in the same room.

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

ASG Anil Singh: They are arguing that we have not tested to find out about consumption. We are only arguing about possession. Aryan Khan was in conscious possession of drugs.

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

This case is about conscious possession and planning to consume.

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

Anil Singh: Scheme of NDPS act. Section 29 does not say that the person has to be in possession.

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

ASG Anil Singh: When we apply Section 28 and 29 commercial quantity kicks in.

He made an attempt to deal with commercial quantity.

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

Multiple drugs were found with all 8 people from all places on the same day.

See the quantity and nature of drug.

Court: So you are saying it is cumulative?

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

ASG: When I say conspiracy, when I calculate drugs of all persons, then it comes to that.

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBa

ASG before Bombay High Court: Whatsapp chats cannot be disputed because we have 65B statements.

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

ASG: It was a party. My learned friend is saying why we have arrested on October 2 on Gandhi Jayanti.. it is dry day we should have left them. (Laughs)

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

There are two other panchnamas of Munmun Dhamecha & Nupur and Mohak

The total drug quantity of ecstasy is commercial quantity

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

There were variety of drugs and the cruise was two days. So it cannot be that this as personal consumption

Because the quantity and the multiple drugs.

This is why we have applied S 28,29

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

ASG Anil Singh to Bombay High Court: It cannot be a coincidence that so many people on the cruise, 8 were found with drugs and there was multiple varieties.

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

Bombay HIgh Court: You are invoking 37 because of commercial quantity?

Asg: we are invoking because of 28 and 29. Their contention is the arrest memo does not have S.28 and 29. But the first remand was four hours after arrest

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase

But even first remand has S. 28 and 29. The magistrate while granting remand considered 28 and 29. Rigours of 37 kicks in only because of 28 and 29.

"Only because of commercial"
#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

ASG Anil Singh to Bombay High Court: Their contention was that I was not found with possession

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

ASG Anil Singh to Bombay High Court: It may not have been found on your body but then see the panchnama.

It was found from Arbaaz.

#AryanKhanCase #BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #AryanKhanBail

Asg is reading panchnama, where Arbaaz has handed out substance from his shoes and given to the NCB officer

#BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #KiranGosavi

ASG: And they say they are going inside to have a “blast”.

The charas was meant for smoke during cruise journey. They were in possession though physically with Arbaaz. And it was for their consumption.

#BombayHighCourt #AryanKhanDrugsCase
#AryanKhanDrugCase #KiranGosavi

ASG: It was for both of them. This is further elaborated in other records. Kindly see the order of Sessions Court. Asg is reading out the order para 25

Bombay High Court #AryanKhanDrugsCase
#AryanKhanDrugCase #KiranGosavi

ASG - Now milord may see the judgments. Bombay High Court judgment says bail application under NdPS can be granted based on more than prima facie case.

"Bail is not a rule"

#AryanKhanDrugsCase Bombay High Court #AryanKhanDrugCase #Bombayhighcourt #KiranGosavi

ASG: Supreme court judgment says that drug menace is a more heinous crime than culpable homicide and has to be tackled stringently

#AryanKhanDrugsCase Bombay High Court #AryanKhanDrugCase #Bombayhighcourt #KiranGosavi

Mukul Rohatgi: My friend is reading last para of Dhariwal’s judgment.

Bombay High Court: how does that para open?

#AryanKhanDrugsCase Bombay High Court #AryanKhanDrugCase #Bombayhighcourt #KiranGosavi

ASG: My learned friend relied on Tofaj singh, but it applies not at the stage of bail

#AryanKhanDrugsCase Bombay High Court #AryanKhanDrugCase #Bombayhighcourt #KiranGosavi

ASG is reading out Tofan Singh judgment

Now see judgment of Sahil Shah. It does not rely on Tofan singh.

#AryanKhanDrugsCase Bombay High Court #AryanKhanDrugCase #Bombayhighcourt #KiranGosavi

Court: but this is 438 stage

ASG: There are two judgments, but rest are bail

But the question is at what stage Tofan singh will apply.

It does not apply before trial.

#AryanKhanDrugsCase Bombay High Court #AryanKhanDrugCase #Bombayhighcourt #KiranGosavi

Asg is reading a Madras HC judgment

Bail and trial are two different stages of a matter.

#AryanKhanDrugsCase Bombay High Court #AryanKhanDrugCase #Bombayhighcourt #KiranGosavi

ASG - They have relied on Tofan singh and said this. ASG is showing judgments on conscious possession

#AryanKhanDrugsCase Bombay High Court #AryanKhanDrugCase #Bombayhighcourt #KiranGosavi

ASG is showing Ratan Malik judgment. In this case also person was not found in possession

Still a person can be liable for offence. Look at Showik Chakraborty

#AryanKhanDrugsCase Bombay High Court #AryanKhanDrugCase #Bombayhighcourt #KiranGosavi

ASG is showing judgments to show how rigours of Section 37 will apply in cases of grant of bail.

#AryanKhanDrugsCase Bombay High Court #AryanKhanDrugCase #Bombayhighcourt #KiranGosavi

ASG: One of the arguments advanced on the arrest memo. Kindly see.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG: The arrest memo mentions commercial quantity and it mentions that he had consumption with commercial quantity.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG: It is not that they were not aware of Sections 28 and 29. In the remand cooy four hours later these were added. The lawyers were aware.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG: there is difference of wording of Section 50 of CrPC. It says ground has to be forthwith. They were informed within 4 hours. Can it be said they were not informed.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG: If there is an infirmity the same heys rectified as soon as remand order is given.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG: my contention that there are three orders of remand which have not been challenged and they cannot come now and say that arrest was illegal.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG: They have still not challenged the remand orders.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG: Two conditions, one is they may argue that there is no communication. but they must satisfy the court that the Magistrate has not taken into consideration these factors whcih he has.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG is showing the judgment of Madhu Limaye of #SupremeCourt.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG: These judgments say that by way of judicial order remand order has been passed.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG: my contention is he was found in possession. He was connected with drug peddlers. It was commercial quantity. Hence we invoked 28 and 29. It was only 4 hiurs and they were aware of the groudns.
#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG: so it cannot be illegal arrestX conspiracy is difficult to prove. Only the conspirator knows how they conspired. I will leave to the conscious of the court.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG: Para 4 of my reply it can be seen that there is a chance of tampering of evidence because there was an affidvait which had names and details. So it cannot be said that there was no tampering.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG: Plus there are Whatsapp chats.

Also we have found CDR which show that there was connection with Ishmeet. She was carrying drugs that is shown by statements of Baldev and Soumya.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

ASG shows the Whatsapp chats with 65 B certificate.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

Rohatgi rejoins.

I was not aware what he was carrying, take it that he knew.. but the most that they can allege against us is commercial quantity collectively.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

Rohatgi: That is added with conspiracy. there is no 27A invoked against me. The conspiracy with 5-8 people with me, their recovery after you total up then there is commercial quantity.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

Rohatgi: there were 1300 people on@ the ship and there was connection only between Aryan and Arbaaz. The conspiracy alleged against.. this is not a co-incidence, it is conspiracy.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

Rohatgi: there was no conspiracy because there was no meeting of minds. There was no discussion that they met and decided that they will get the substance and smoke, that is conspiracy.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

Rohatgi; if there are people in a hotel in different rooms and they smoke are all people in hotel in conspiracy. There is no material for calling it a conspiracy in this case.

#AryanKhanDrugsCase #AryanKhanDrugCase #BombayHighCourt #AryanKhan

Rohatgi: I knew only Arbaaz, I did not know anyone else. It is true it is difficult to prove that there is common meeting of mind. but facts cannot be ignored. There has to be meeting of minds. how can there be conscious possession for 6 gms.

#AryanKhanDrugsCase

Rohatgi: Their argument is that because it is not conincidence it is a conspiracy. Conspiracy can’t have anything to do with conjecture.

#AryanKhanDrugsCase
#AryanKhanDrugCase
#MukulRohatgi #BombayHighCourt
#AryanKhanBail

Corrigendum fOr “how can there be conscious possession for 6 gms” - Rohatgi said - “There may be conscious possession of 6 gms but how do you prove the other recovered substance”

Rohatgi is now countering the judgements given by ASG under Section 67 of the NDPS Act.

#BombayHighCourt #AryanKhanDrugCase #AryanKhanDrugsCase #AryanKhanBail
#MukulRohatgi

Rohatgi: Come to Nawaz Malik judgment. This was a case where there was a car and three people were there and one was carrying substance. So then there was a submission that the possession was not conscious.
#MukulRohatgi #BombayHighCourt #AryanKhanDrugCase #AryanKhanBail

Rohatgi: The court discusses what is conscious possession. The standard of conscious possession is what is deemed from the facts.
#AryanKhanDrugCase #AryanKhanBail #BombayHighCourt

Rohatgi: Let us apply to this case. i was in conscious possession that Arbaaz was carrying but how do you say that for others. It is not like they were carrying together.

#AryanKhanDrugCase #AryanKhanBail #BombayHighCourt

Court: all applications allowed.

#AryanKhanDrugCase #AryanKhanBail #BombayHighCourt

Court: I will keep it tomorrow for conditions.

#AryanKhanDrugCase #AryanKhanBail #BombayHighCourt

#BombayHighCourt grants bail to #AryanKhan in #CruiseDrugCase . THe detailed order will be given tomorrow including operative part.

#AryanKhanBail
#AryanKhanDrugCase
#MukulRohatgi

The entire order with reasons, bail conditions will come out tomorrow. So there is still time for #AryanKhan to be released. He has gotten bail on the 25th day after arrest.

#MukulRohatgi #BombayHighCourt #AryanKhanDrugCase #AryanKhanDrugsCase #AryanKhanBail

[BREAKING] Bombay High Court grants bail to Aryan Khan, two others in cruise ship drug case

report by @Neha_Jozie

#AryanKhanDrugsCase #AryanKhanBail #AryanKhan #BombayHighCourt

Read full story here: bityl.co/9K77