Aryan Khan Bail: Court Reserves Order For Oct 20 - LIVE UPDATES From Hearing
Desai continues that a presumption of guilt under section 35 of the NDPS Act applies during trial and not during investigation.
Desai further says that there is always a possibility that casual conversations between friends on WhatsApp may appear suspicious.
Adv Desai says that conversions on chats can often be misunderstood.
Desai - WhatsApp chats are supposed to be private conversations.
But I am told there are no messages or conversations on the mobile about the rave party.
Adv Desai - But by no stretch of imagination is this boy involved in illicit intentional drug trafficking. And writing to MEA etc.. continue with the investigation, but grant me my liberty.
Desai - Please bear in mind one other reality. Today's generation have a means of communication, which is English..not the Queen's English.. it's sometimes what the older generation will call a torture. The way they communicate is very different.
Desai says that Showik's case has to be distinguished from an end consumer's case because Showik didn't consume but dealt in drugs.
Desai: The magistrate said small quantity only recovered and he refused NCB custody.
All that international trafficking and global point.. if the consumer says from where he is procured it, then the chain is complete. It is NCB's statement that I gave Aachit name.
Desai on arrest of Aachit Kumar....
ASG - These are rejoinder arguments.
Desai - When you make wrong statements on fact, I have to deal with it. Give me the record I can destroy every statement you made on fact.
Adv Desai says that the Magistrate had a chance to look into the investigation papers and still refused to grant NCB custody.
Desai: Then he was remanded to judicial custody. Now the learned magistrate, applied his mind and satisfied himself that the crucial investigation as regards my client was completed on October 7 and further custodial interrogation was not necessary. There was no statement recorded except the one of October 4.