MUMBAI: It is “inherently absurd and false” for NCB to dump an offence of ‘illicit cause trafficking’ connected Aryan Khan (23), lad of histrion Shah Rukh Khan, arsenic a crushed to contradict him bail, said his pb counsel Amit Desai connected Wednesday, adding the agency, which is alert of the larger relation it has, “should beryllium cautious successful bandying astir a superior ineligible word of ‘illicit trafficking’ casually to reason a bail plea.”
Desai said Section 27A is the lone offence for illicit trafficking nether the NDPS Act and it indispensable beryllium noted that NCB rightly ne'er invoked it against Khan, arsenic it has nary case. He was arrested lone for alleged depletion of tiny quantities, with nary betterment of drugs oregon wealth from him and hence nary lawsuit of either use, merchantability oregon acquisition of immoderate drugs, and helium was not arrested adjacent for abetment oregon conspiracy, helium said. Even depletion determination is nary impervious of, arsenic it was his person Arbaaz Merchant who successful the NCB panchanama of October 2 is recorded arsenic speaking of consuming charas.
But opposing bail pleas of Khan, Arbaaz (26) and Munmun Dhamecha (28), which were heard connected Tuesday, NCB said, “There’s capable worldly successful signifier of WhatsApp chats, pictures etc to amusement Khan was an progressive portion of illicit cause concatenation with different co-accused, hence abetment and conspiracy use and truthful bash rigours of not granting bail nether NDPS Act.” “NCB has worldly to amusement that Khan was successful interaction with immoderate persons overseas who look to beryllium a portion of an planetary cause web for illicit procurement of drugs, and probe is connected to find the person,” said further solicitor wide Anil Singh with Advait Sethna, peculiar nationalist authoritative for the agency.
Khan ought to beryllium granted bail arsenic the maximum punishment attracted is simply a year’s imprisonment, said Desai, who appeared with Satish Maneshinde astatine the carnal proceeding earlier the peculiar NDPS justice astatine sessions court, VV Patil. He pointed however the NDPS Act was amended to trim punishment for depletion and said “they aren’t peddlers, racketeers oregon cause traffickers.” “Let’s not marque it worse for youngsters. They person suffered enough. They person been successful custody since October 3. They’ve learnt their lesson. Let’s not support them down bars and contradict them bail,” said Desai.
The bosom of the NCB lawsuit is that each accused are “inextricably connected” with each different successful a conspiracy and that Khan utilized to acquisition charas from Merchant. Desai said NCB has made the allegation of an planetary cause chain, but wherever is the question of immoderate transportation of Khan with different accused oregon of a conspiracy? In fact, Section 29 for conspiracy was rightly not adjacent invoked against Khan successful the apprehension memo, but present the NCB reply is based connected “conspiracy” though the circumstantial accusation whitethorn person been of a “rave party” connected a cruise, “but it doesn’t springiness them a close to prime up radical different unconnected and from whom zero betterment of contraband is determination oregon to clasp connected to their custody erstwhile not required,” helium said.
Advocate Taraq Sayed for Merchant argued that adjacent if NCB is close successful saying 6 gm charas was recovered from him, it’s a tiny quantity, and the instrumentality provides for immunity from prosecution for consumption. Advocate Ali Kaashif Khan for Munmun Dhamecha said she was invited connected committee to “add glamour arsenic she’s a model”. He besides denied the alleged 5 grams of hash recovered successful her compartment was from her. The NCB uses “a precise frightening term” similar illicit trafficking and “just dumps it connected Aryan Khan,” said Desai.
ASG Anil Singh for NCB said the bureau was “responsible astir its role” and the “entire federation is acrophobic with the contented of youngsters consuming drugs.” He volition proceed his submissions connected Thursday, aft which the bail pleas volition beryllium decided.