ASG - When I say conspiracy, I calculate drugs of all persons, then it comes to that.
ASG- When we apprehended them, multiple drugs were found from 8 people.
Court - So you are saying cumulative effect should be given?
ASG- It has to be investigated.
ASG- The WhatsApp chat will show he made an attempt to deal with commercial quantity, that's all.
Court - What is the basis for saying he ( Aryan Khan) has tried to deal with commercial quantity? What do you have?
ASG on why have they applied sections 28 and 29.
ASG - The WhatsApp Chat, panchnama, secret note.
ASG - The object of Section 29 is that the drug may not be found with the person but he still may have conspired. Under section 35 (culpable mental state) of NDPS, you don't have to prove mens rea, there is a presumption.
ASG reads section 28 of the NDPS Act relating to an attempt to commit an offence. Section 29 is for abetment and conspiracy.
ASG - They are saying we haven't tested for consumption. Where is the question of testing when they haven't consumed it? They were found in possession. It is our case that A1 (Aryan Khan) was found in conscious possession of the drug.
ASG : Aryan and Arbaaz are childhood friends. They travelled together, they were going to be put up in the same room.
ASG: That if two people are travelling together, and the first person knows the drug is with the other and it is for their consumption...Though the person may not be in actual physical possession, he may be in "conscious possession".