Rohatgi- Now if there are a group of friends who plan to smoke up there is a meeting of minds. But the plan here was aborted. They were arrested before. The penalty is of consumption.
Possession of somebody else cannot be my possession unless there is control and knowledge.
Rohatgi - None of those chats have anything to do with the onset of this saga or...conspiracy if you want to call it that. The chats will have to be tested at the time of trial. But to use a general phrase of conspiracy, there is nothing.
Rohatgi - WhatsApp chats recovered from my phone. They are not on record but cited. None of those chats relate to the cruise party.
Rohatgi- The trial judge has cited, conscious possession, bar under 37 and conspiracy to deny bail.
Rohatgi : So I am not charged under 27A but they are charging me with conspiracy.
It is a general, amorphous vague kind of a situation to indirectly bring 27A of the NDCP Act and then the bar under section 37 of NDPS.
Rohatgi says that even if conscious possession is taken, the maximum he can charged with is 1 year, for the 6grams.
Rohatgi says its not as if a party was going on. Why my client is targeted?
Rohatgi- Many people having larger and commercial amounts were also arrested.
Rohatgi cites a judgment. "In an old case involving a minister he was booked for harbouring a terrorist as a servant brought him into the house. SC said that can't be the case".
Rohatgi : My case is that there is no conscious possession at all. What somebody else had in their Shoe is not my concern. That cannot be my "conscious possession".
Rohatgi : What is put against me is that since I came with Arbaaz and apparently had knowledge of the contraband with him, I have conscious possession.
Conscious possession is what is under my control and knowledge. If I am driving the car and something is in the car, there could be conscious possession.