Aryan Khan, Arbaaz Merchant, Munmun Dhamecha - Bail Applications Dismissed As Non-Maintainable - LIVE UPDATES
ASG asks if he should argue on merits, that he would urge the court to pass an order on maintainability.
Court - They have argued on maintainability and merits, you argue merits as well.
ASG - WhatsApp chats about football??
The WhatsApp chat between Aachit and A1(Aryan Khan) refers to bulk quantities of drug. I didn't want to say this in open court but...
ASG Singh - Only a court that has the power to decide a regular bail application, can decide an interim bail application.
ASG cites another judgement where even with a small quantity of alleged seizure, the bail application was decided by a special court.
ASG now says that even interim bail cannot be considered and it should go before a special court.
ASG is now referring to Harsh Shailesh Shah vs The State of Maharashtra judgment of the Bombay High Court.
ASG submits - I want to show that even in this case of intermediate quantity, the bail was rejected by the sessions court (special court) and then they approached High Court.
ASG - The sum and substance of the judgement is...If there is no bar under the Act, the Magistrate can consider bail. But when there is a bar like under Section 36A of the NDPS Act, it will go to the special court.
ASG Submits - If your lordships can grant remand doesn't mean your lordship can grant bail. It will have to go before the special court for that.
ASG says because of these interruptions he is losing his chain of thought.
Maneshinde comments.
ASG - Please Mr Maneshinde, stop this commentary. I did not interrupt when you argued.
Maneshinde - I am just saying read the whole judgement.
ASG - Please!!
ASG asks the court to look at para 7 of Malshe's judgement.
Maneshinde - Read 6 also.
ASG Singh - Fine, I'll read the whole judgement only.
ASG Singh - Everyone has the right to claim bail.
He says that Maneshinde has cited the Bombay High Court judgment in Sanjay Nahar Malshe's case, which is exactly what the NCB is saying; and supports their case on the special court hearing the matter.