Khan confessed to taking charas
Desai further said, ‘Vikrant was caught with cocaine and a substance like charas was also recovered from him. They found 15 pink colored pills from Ishmeet Singh – Ecstasy. Then they conducted another raid where money was allegedly kept for sale and purchase. Two more people, whose details matched those of the suspects, were intercepted by the NCB at the terminal. They were both Aryan Khan and Arbaaz Merchant. According to the panchnama, the IO asked if he had drugs. He accepted that it was charas. Merchant admitted that he was consuming charas with Khan. On asking Khan, he also said that he has taken charas. The officials seized the drugs and sealed them.
Aryan did not have drugs
The senior advocate said, “When it comes to secret information, the inputs of use, purchase, sale and consumption are available i.e. this time the information given to them was wrong. Maybe someone told you that Aryan has drugs, he will consume it but it turns out to be wrong. They identified people as if they had photos but this is intelligence of agencies. Sometimes they do a great job too. They must have known all this, would have wanted to capture Aryan but they had nothing. So whatever information the agency had was false.
So far only three people have been seized
Amit Desai said, ‘Combined search was done on the cruise. They got 6 grams of charas from Arbaaz Merchant. The first fact that is to be noted in the Panchnama is that there was no seizure from Aryan. There is no debate on this, it is accepted and undeniable. The quantity recovered from the merchant is very small. Let’s start with the initial information, intake, sale and consumption, these are three points but till now only three people have been seized, nothing has been found from Aryan.
NCB copy and paste
The lawyer said, ‘There are pictures on WhatsApp chat. They said that they are arresting more people and thereafter Aryan was taken on remand till Monday. The next date, 5 more were arrested and linked to international links, NCB sought custody. He was then taken on remand till 7 October. This happened when there was only one person in remand whose name is Achit. NCB copied and pasted the remand. The arrests being made now are different from the Cruz case. Achit was arrested on the statements of Aryan and Arbaaz, but this arrest was made for the FIR in the Cruz case. Choker, Ishmeet, Sateja, Jaswal were paired opposite Aryan. Khan’s remand was sought for cross questioning Achit.
The court has to take note of the facts
Desai further said, “When NCB takes legal action for the parties, the court has to take into account the facts and not the big picture that they are catching a lot of people which is a good deed. It is also worth noting that you cannot bring people there who are not related to the case. This is called conspiracy. Only these people were arrested that Sunday, while there are more people in Panchnama, who were arrested for taking, selling and buying drugs. The first question that must be considered (of course bail, as it carries a sentence of 1 year) Aryan’s involvement in drugs, he had no substance for sale and no money, hence no purchase Might be possible. Regarding the seizure, the Panchanama does not show any relation to Khan, just a phrase ‘in relation to’.
Aryan has nothing to do with Dhamecha
Desai said, “The remand order states that the quantity of drugs was recovered. When it came to Aryan Khan, nothing was recovered from him. Only 6 grams of charas was recovered from the merchant. I don’t know what happened with Dhemcha. The 13 grams of cocaine didn’t come out of Aryan, nor did the mephedrone pills. He didn’t have anything. He didn’t even have cash. Apparently he had no plans to take or sell drugs. As per the panchnama and everything else, Aryan admits that Arbaaz was carrying charas to consume. Now how cases are filed in Panchnamas is a matter of separate debate. Many many such cases are made against Aryan. Aryan, Merchant and Dhamecha were produced before the magistrate at 7 pm. Aryan was shown arrested on 3 October at 02:00. The relation between Khan and Merchant is shown in Panchnama but there is no relation with Dhamecha. I don’t know her facts, where she was at that time and what happened to her, what were the circumstances.
After Aryan, there was no questioning after the statement
Desai said in the court, ‘On October 5 and 6, more people were arrested but the magistrate in his order said that after Aryan’s original statement there was no further interrogation, so NCB was not given remand and judicial custody. sent in. It was necessary for bail, so the magistrate sent him to judicial custody. The magistrate said that people have been summoned, investigated and hence there is no need for police custody now.
Desai reads NCB’s reply
Desai, while reading NCB’s reply in the court, said, ‘They are keeping these facts in relation to all the people. So far 20 people have been arrested. They are alleging international drug trafficking. A foreign national is also arrested with them. In response, he has mentioned many accused but the allegations are many. Who are they referring to here? This is a very well formulated answer. There is no denying the friendship between Aryan and Arbaaz. Both have grown up together. They are saying in response that ‘they have connection and close nexus’ but who is ‘they’ in this? Mines and Merchant. We are seeing the term ‘illicit trafficking’ in this answer all the time. They put it all on Aryan Khan. I believe they know this is a serious crime. What is illegal smuggling in the NDPS Act is a word of law, it is not a casual word. The NCB knowing the NDPS Act from within should know what is illegal smuggling. This boy has been charged with illegal trafficking. This is ‘inherently absurd’ in the context of the Supreme Court.
Responsible agency NCB is saying about illegal smuggling
Desai said, ‘There has been no seizure from Aryan. They are saying that recovery has been made from Dhamecha and Gomit etc. Nothing with this guy, he wasn’t even on the cruise and they say he is involved in illegal smuggling. They are talking about not only buying and selling drugs, but also making them, while there is nothing against Aryan. It is a responsible agency. They are saying illegal smuggling and the only provision dealing with it is section 27A. Aryan was being searched between 4:50 pm on 2nd October to 2:00 pm on 3rd October? They took his mobile phone but they did not put 27A as they know that Aryan is not involved in illegal smuggling. Of the others who have been arrested, only two have been booked under 27A (Chokar and Jaswal). Whatever Maillords will read for ‘illegal’ in response, please keep in mind that Khan has not been arrested for 27A. He did not interrogate Aryan again. During interrogation they found only one thing with Achit, who had 2.6 grams of charas which is not illegal.
Aryan’s bail application read in court
Desai read out Aryan’s bail application in court. Desai quoted Aryan as reading, ‘When I was arrested, the sections were mentioned in the arrest memo. I was arrested only under section 27, 20 (b), 28, 29, 8 (c) of NDPS Act. Section 20(b) of possession, purchase, sale, manufacture of drugs, nothing applies to me. I don’t know how this applies. There is only one other thing which are statements and which are not acceptable. We are out on bail. 20(b) is in the Panchnama and we get this right. 27A does not apply even if there is a WhatsApp chat. There is an attempt of section 28 even though the merchant was allegedly found with charas. Section 29 is related to conspiracy which is their big case but Aryan’s arrest has not been done on the charge of conspiracy i.e. under Section 29. When other people’s arrests are under separate panchnama, how are they connected? Panchnama was given only after demand, there is no conspiracy. Merchant had drugs for his own consumption but that is not a conspiracy. He was arrested under sections 8(c), 20(b) and 27.
chart presented in court
Desai presented a chart in the court showing how Aryan was arrested. Desai referred to the August de Silva case in the court. “NCB should have kept the offenses separate even if it is their discretion. With these allegations it would be chaotic to frame charges in trial in this case. I am saying again that there has been no seizure from Aryan. There is no longer any need for detention with a maximum sentence of up to one year. Something has to be done because this is not the way. Yes, they are young and doing so but the substance is legal in many countries. He is in custody and has learned his lesson. He is not a peddler. He has endured a lot.