Aryan was arrested in connection with the seizure of banned drugs on a cruise ship off the Mumbai coast.
On the other hand, Senior Advocate Amit Desai, who appeared Aryan Khan termed the NCB’s plea as “inherently absurd” and argued that when there was no recovery of drugs from him, he should not be punished at the level of granting bail.
Special Judge VV Patil, designated to hear cases related to the Narcotics Drugs and Psychotropic Substances (NDPS) Act, was hearing a bail plea filed by Aryan. The court will continue hearing the petition on Thursday.
Aryan Khan Drug Case: Live Updates
Here are the key points of argument in court:
What NCB said-
* NCB opposing the bail plea said that Aryan Khan was consuming drugs for some years and was in contact with some people who appear to be part of an international drug network to procure drugs.
* Further investigation is on in respect of financial transactions done abroad, the agency said.
* “During the preliminary investigation, certain international links have come to light relating to this applicant (Aryan Khan), who First Prima facie points to illegal drug purchases. The NCB, in its affidavit, said, “Adequate time is required for investigation so that the concerned foreign agency can be approached.”
* Responding to Aryan Khan’s bail plea, the NCB said that there is sufficient material in the form of WhatsApp chats, pictures etc. to show that he was an active part of an illegal drug chain along with other co-accused. Therefore, the sections of abetment and conspiracy will apply as well as the rigor under section 37 against grant of bail.
* Additional Solicitor General Anil Singh, appearing for NCB, argued that if even one of the accused is released on bail, the investigation will be hampered. He told the court that the WhatsApp chats of the accused (Aryan Khan and Arbaaz Merchant) mentioned large quantities of drugs and chats with a foreign national.
* “The whole country is concerned with drug trafficking and drug consumption is a serious crime. Day in and day out, parties are organized and drugs are consumed by people including college students,” argued Singh.
* “As per the NCB panchnama, the contraband (six grams of charas) found with Arbaaz was to be used for consumption. Aryan Khan was aware of this possession and hence it would amount to conscious possession,” Singh said .
* The NCB in its affidavit claimed that it has prima facie found that accused No. 1 (Aryan Khan) used to buy contraband from sources linked to accused No. 2 (Arbaaz Merchant) and accused No. 2, from whom six grams of charas were recovered. Gaya.
* It states that the case of each of the accused cannot be considered individually or separately as prima facie investigation reveals that there is a close link/ nexus between all the accused including Aryan Khan for conspiracy to commit the crime. Is.
“It is not possible to separate or isolate each other. All elements of the offense are preparation, intent, attempt and commission for this applicant (Aryan Khan),” the affidavit said.
* The affidavit submitted by the NCB states, “Given the influence of Aryan Khan in the society, it is quite possible that he may tamper with the evidence and influence other witnesses whom he knows personally ” Running away from justice
*So far there is material on record to show that Aryan Khan was in contact with certain persons abroad who appear to be part of an international drug network for illegal purchase of drugs. The NCB said that the investigation in this regard is on.
* It is clear that co-accused Aachit and Harijan supplied charas to Aryan Khan and Arbaaz Merchant. This shows that all are part of a larger chain, nexus and their involvement in the conspiracy to carry out illegal acts and conspiracy cannot be ruled out.
* “It is prima facie revealed that accused No. 1 (Aryan Khan) used to purchase contraband from sources linked to accused No. 2 (Arbaaz Merchant) and accused No. 2, from whom six grams of charas were recovered,” NCB Said in his affidavit.
* As per the investigation conducted so far, accused Achit Kumar and Shivraj Harijan had supplied charas to Aryan Khan and Arbaaz Merchant, the anti-drug agency said.
* The role and involvement of this applicant (Aryan Khan) in serious and serious offenses under the NDPS Act, including illegal drug trafficking, is evident in view of the nexus and association of this applicant with the other accused in the case, NCB. said.
*All the accused are inextricably linked and hence, it is not possible to separate the role of each accused from the other.
*The case of each applicant cannot be considered separately. All these persons are integral parts of a common thread which cannot be separated or separated from each other. The NCB said that in such a situation, the quantum of recovery (of narcotics) from an accused becomes irrelevant.
* Even though there has been no recovery or short recovery from some of the accused, the participation in the acts of such persons, who have acted together, constitutes the basis for conspiracy investigation, the NCB said.
* The NCB further stated that there have been multiple seizures of drugs in intermediary quantities from co-accused Aryan Khan and commercial quantity of Mephedrone also seized from one of the accused, Abdul Sheikh.
What did Aryan’s lawyer say-
* Senior advocate Amit Desai told the court that the accused in the present case are young adults and not drug peddlers, smugglers or racketeer.
* “In many countries, these substances (drugs) are legal. Let us not punish them at this stage when bail is sought. Let us not make it worse for them (accused). They have suffered a lot and they have Learned his lesson, if at all,” he said.
* Desai argued that no banned substance has been recovered from Aryan Khan. “He (Aryan Khan) didn’t even have cash. So, he had no plans to buy. If he didn’t have any banned substances, he was not going to consume or sell,” Desai said.
* He further argued that only three persons were arrested on 3 October – Aryan Khan, Arbaaz Merchant and munmun dhamecha. The others were later arrested. “NCB cannot bring in unrelated persons and call it a conspiracy,” Desai said.
* He told the court that the intermediate and commercial quantities of drugs allegedly recovered by the NCB belonged to those with whom Aryan Khan had nothing to do and added that the NCB should have registered two separate cases.
* He told the court that the intermediate and commercial quantities of drugs allegedly recovered by the NCB belonged to those with whom Aryan Khan had nothing to do and added that the NCB should have registered two separate cases.
* Desai told the court that since there is no recovery of drugs from Aryan Khan, there is no need to keep him in custody anymore.
Aryan Khan was arrested on October 3 after a raid on a Goa-bound cruise ship and is currently in judicial custody.
He is lodged in Arthur Road Jail in Mumbai. He approached the special court for bail after it was rejected by a magistrate’s court last week.
A total of 20 people, including two Nigerian nationals, have been arrested in connection with the seizure of drugs following a raid on a party on the Cordelia cruise ship off the Mumbai coast on October 2.
The court is also hearing the bail applications of Arbaaz Merchant, Munmun Dhamecha, Nupur Satija, Achit Kumar, Mohak Jaiswal, Shreyas Iyer and Avin Sahu.
(with inputs from agencies)
.