ASG : We have argued conscious possession in the sessions court as well.
ASG - The scope of section 8(c) is very wide. Therefore, there may be a case that the person has not consumed the drug but is found in possession, 8(c) will apply.
ASG - Before going further, may I request your lordship to look at a few sections of the NDPS Act.
**Reads section 8(c) of NDPS**
ASG : Even if he is not found in possession, and an attempt is made, section 28 will apply. And if there is a conspiracy, automatically the rigours of section 37 of the NDPS Act will apply for bail.
ASG : The applicant, even if he attempts to deal with.. Then sec 28 with apply. And if he is involved in a conspiracy then section 29 will apply.
Regarding the WhatsApp chats, ASG says they have a 65B certificate under the Evidence Act.
ASG - The first record I am relying on is the panchnama. We received the secret note. 11 out of 8 people were apprehended in the raid.
ASG - He is a regular consumer for the past few years and the record shows that he jas been providing drugs. And there is a reference of bulk quantity and commercial quantity of drugs. He has been in contact with drug peddlers.
ASG begins his arguments for NCB
ASG - The applicant (Aryan Khan) is not a first time offender