This Article is From Oct 27, 2021

Aryan Khan Case Highlights: No Bail For Aryan Khan Yet, Arguments To Continue Tomorrow

Aryan Khan Case Highlights: Aryan Khan has been in jail since October 8. He was arrested after drug raids on a cruise ship party on October 2 by the NCB.

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India News
Mumbai:

Actor Shah Rukh Khan's son Aryan Khan did not get bail today as the hearing in the drugs case will be continued tomorrow after 2:30 PM. Additional Solicitor General Anil Singh will reply on behalf of the anti-drugs agency Narcotics Control Bureau (NCB) tomorrow. Mr Singh has said he'll take an hour to conclude the arguments. 

Today, advocates Amit Desai, Mukul Rohatgi and Ali Kashif Khan Deshmukh argued on behalf of the accused. Mr Desai, appearing for accused Arbaaz Merchant, said the court was misled into believing during the first remand that it's a conspiracy case. He said the arrested persons must be informed of grounds of their arrest.

Mr Deshmukh, representing accused Munmum Dhamecha, said she had no connection with the recoveries made during the searches on the cruise.

Aryan Khan has been in jail since October 8. He was arrested after drug raids on a cruise ship party on October 2 by the NCB.

Aryan Khan has been denied bail twice before. The special anti-drugs court that denied him bail last week said he knew about charas hidden in his friend Arbaaz Merchant's shoe, and this amounted to "conscious possession". Arbaaz Merchant was also arrested along with Aryan and 18 others.

Here are the LIVE updates on Aryan Khan's Bail Hearing:

Oct 27, 2021 17:41 (IST)
Oct 27, 2021 17:26 (IST)
LIVE: No Bail For Aryan Khan Yet, Arguments To Continue Tomorrow
Arguments to continue tomorrow after 2:30pm. ASG to reply on behalf of NCB tomorrow. ASG says he will take an hour to conclude arguments.
Oct 27, 2021 17:26 (IST)
Judge: Something was found in the luggage of Sowmya Singh...but they were allowed to go?

Lawyer: They are relying upon conscious possession. But I entered the room two minutes ago.
Oct 27, 2021 17:16 (IST)
Mr Deshmukh: During the search of Sowmya Singh and Munmun Dhamecha, nothing was recovered but during the search of luggage of Sowmya Singh, rolling paper and filter pegs were found. How is this connected with me? Nothing is seized from me. Till date they have failed to prove who brought those drugs on the ship. I am from MP and I have no friends or connections here. Just because I was present in the room where they found charas they have arrested me.
Oct 27, 2021 17:12 (IST)
Mr Deshmukh: The team searched the room and one packet of substance was found which was later found to be charas. On weighing it was found to be 5 gms. Nothing else was found and they were taken for searching.
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Oct 27, 2021 17:08 (IST)
Advocate Ali Kashif Khan Deshmukh Argues For Accused Munmun Dhamecha
Now Ali Kashif Khan Deshmukh argues for accused Munmun Dhamecha.

"I (Munmun) was in the ship. NCB raid happened in the room. Two other people were in the room," he said.
Oct 27, 2021 17:08 (IST)
Amit Desai: We are all available to the agency. Investigation has been done and nothing has been recovered further. Bail may be granted.
Oct 27, 2021 17:07 (IST)
Aryan Khan Case: "Infringement Of Constitutional Guarantees": Advocate
Amit Desai: There is no conspiracy and there has been no recovery when I (the accused) was arrested. Recovery was made later from other people who were arrested much later. This is a draconian legislation and there is a duty to apply mind. This is a direct infringement of constitutional guarantees. This is how the Supreme Court has dealt with it.
Oct 27, 2021 17:02 (IST)
Amit Desai: These constitutional issues will arise because none of these other people they have made recoveries from were not even arrested at that time.
Oct 27, 2021 17:01 (IST)
Mukul Rohatgi: If there is a constitutional informity then that cannot be cured by remand. They had the phone. They will tell you they have WhatsApp chats. I am handicapped. I do not know what they have. They chose to mislead the court. I had nothing with me.
Oct 27, 2021 16:56 (IST)
Drugs-On-Cruise Case: Mukul Rohatgi Says "Article 22 More Important Than Section 50"
Mukul Rohatgi: "Article 22 of the Constitution is more important than section 50 of CrPC. No person who is arrested not be held without being informed of grounds of arrest and such person shall have the right to consult a lawyer of his choice."
Oct 27, 2021 16:54 (IST)
Mukul Rohatgi: "Please look at the arrest memo of Aryan Khan. It is identical. What it refers to are items not recovered from me. There is a legal connotation for this. The law says you must give true and correct grounds for this. This takes us back to the CrPC section 50. Persons arrested have the right to be informed of arrest and grounds of bail"
Oct 27, 2021 16:53 (IST)
Amit Desai: "There is no real clear evidence for application of Section 29. There are circumstances to show there is no conspiracy."
Oct 27, 2021 16:49 (IST)
Amit Desai: "In analog form images can't undergo change. In digital form images can be changed. Digital evidence has to be verified and Punjab and Haryana High Court had said so in an NDPS matter. In this case there is no seizure memo related to the phones. They argued it was voluntarily handed over. There is a law that immediately there has to be a memo. 

Punjab and Haryana High Court has said that if there is no 65B, WhatsApp chats will be rejected. 

These WhatsApp chats have the availability for tampering. They can be tampered. Now we are seeing on the media and we do not know if it is true or false."
Oct 27, 2021 16:45 (IST)
Aryan Khan Case Updates: Amit Desai Begins Concluding Arguments
Amit Desai: "What has he done? The team of officers have seized all items. What was recovered? Only 6 gms from Arbaaz and 5 gms from Munmun. But they have said there is 21 gms. There is no connection, no WhatsApp messages and telephone calls between them. Learned judge rejected because there is a commercial quantity. This is where the problem is. The only thing they have argued to keep us in custody is so called WhatsApp chats. One thing is abundantly clear. There is no WhatsApp chat to support the conspiracy theory."

"Your lordships have taken a view on issues like media trial and we are dealing with it."
Oct 27, 2021 16:38 (IST)
Aryan Khan Case: "No Evidence Of Agreement", Says Advocate
Amit Desai: They say everybody is connected. But there is no evidence of an agreement. These principles have been settled by the Supreme Court. Intention to commit crime, joining hands with another person also to commit a crime and having an agreement to do so is what is conspiracy.
Oct 27, 2021 16:34 (IST)
Amit Desai: It is necessary to show a meeting of minds. Three unconnected people coming for the same purpose is not a conspiracy. Concurrence to commit an unlawful act is not conspiracy, there has to be an agreement. This aspect was considered in an NDPS matter in our own High Court.
Oct 27, 2021 16:32 (IST)
Aryan Khan Case: Bail Hearing Updates For Other Accused
Amit Desai: Two of the very persons also in this case, also two young children, have been released. These are young children who came for a party. Those two were arrested on charges under section 29. Today we read that those two who came from Odisha, in whose case replies were identical, the learned judge granted them bail. These boys were on the vessel, they enjoyed the party and came back when they were arrested. There was a small recovery from one of those boys. Manish and Avin were the accused. They were two independent people. There is no connection between all these people.
Oct 27, 2021 16:29 (IST)
Amit Desai: If the party was organised where everybody was smoking and drugs were freely available then section 29 will apply. Consumes is a verb. It's an action. Section 27 is about consumption. This has not happened. Law on conspiracy is also well settled.
Oct 27, 2021 16:28 (IST)
Aryan Khan Case: Advocate Says, "At Highest, This Is An Intention To Consume"
Amit Desai: They realised that these two boys don't have any cash. They add there is an admission of consumption. But they decided to invoke joint possession in spite of no recovery from Aryan. At the highest this is an intention to consume.



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