Aryan Khan Bail: Court Reserves Order For Oct 20 - LIVE UPDATES From Hearing
Adv Desai - Without affecting the ongoing investigation, bail can still be granted. As bail doesn’t take away their right to continue their investigation.
Adv Desai - The legislation underwent a drastic change to adopt a reformative approach to deal with drug menace. The judgements cited are from before the 2001 amendment of the NDPS Act.
Adv Desai - I would urge the gentleman on the other side will also recognise the legislative changes.
The 2001 amendment rationalised the sentencing structure of offences by making it dependent on the quantity of drug, thus making it reformative.
Sr Adv Desai : The government issued a policy document to fight the issue of narcotic drug issue in the country. The youth are important no doubt but there are principles of justice to be considered. The chain goes from Major drug peddlers, to small time peddlers and then consumers.
When it comes to drug peddling to school and college going children, it (govt policy) spoke about sensitizing them.
Senior Adv Amit Desai - But we must not forget that we fought for a constitution and we fought for the procedure established by law. Everything must happen as per this law.
Sr Adv Amit Desai starts rejoinder arguments on behalf of Aryan Khan -I say this as an officer of this court and citizen of this country.I don't think there can be a debate that the entire world is fighting the drug menace.We got our freedom and we must protect it and save the younger generation from the drug menace.
Court: Are you relying on the WhatsApp chats?
NCB Prosecutor : Yes we have submitted the chats.
Court: I will need to see it.
NCB Prosecutor : We will submit original files, it is all part of investigation.
ASG also mentions how NCB officers were recently beaten up during a raid.
ASG in Munmun Dhamecha's bail says that contraband was recovered from her conscious possession.
Says that most of the arguments will be the same.
ASG - We will ultimately find out how they all connected to each other and establish a case of conspiracy. This isn’t a case of bail at this stage. It can be considered at an appropriate stage.
ASG on the defence's arguments that they are young kids and should be considered for bail.
ASG - I disagree. This is our future generation. The entire country will be depending on them. This is not what our freedom fighters in the land of Mahatma Gandhi envisioned.