Aryan Khan, Arbaaz Merchant & Munmun Dhamecha Bail Hearing Before Special NDPS Court-LIVE UPDATES
Desai on the law. Says he wants to read the court's own observations in an order passed earlier this year in Sheldon D'Silva's case.
Desai submits a chart regarding what was recovered from whom and who has named whom.
He says the intermediate and commercial recoveries are from people Khan had nothing to do with.
In law there should have been different CRs
Desai - There is no signature (on the panchnama).
Now they may say they have found this and that. But the custody is for the arrest. It does not apply.
Desai on how conspiracy u/s 29 doesn't apply- Only Aryan and Arbaaz were together.
But today the entire reply is on Section 29. So far are Aryan Khan is concerned they were conscious there is no conspiracy.
If Arbaaz wanted to consume on his own, where is the conspiracy.
Desai says that the only thing to charge him with even consumption is a so called confessional statement under section 67 NDPS.
In law there is no attempt, they were picked up at the gangway. So 28 would not apply.
Desai reads Aryan Khan's arrest memo.
He was arrested on for 20b, 27 and 35 of the NDPS Act. Not 28 and 29(conspiracy) added later on.
Says even 20b would not apply because there is no possession.
Desai-Wherever they felt it appropriate,they have invoked 27A. But there is no material, no possession except that one sentence of Whatsapp chats.
When your honour hears arguments on this international drug trafficking,please bear in mind he is not charged with 27A.
Desai - The only section '27A' of the NDPS Act that deals with illicit traffic, is not applied to Aryan Khan. It is not invoked till now because they are aware Mr. Khan is not involved in any illicit trafficking. It is applied to others, not to him.
Desai - The allegation of illicit trafficking is inherently absurd. This boy who has nothing, not even on the vessels. It is a false allegations.
Desai on the NCBs allegations that Khan is part of an illicit drug chain.
"This is a very serious term that they have dumped on Aryan Khan. I have no doubt that my friends know what is illicit trafficking according to.the NDPS Act means."