Aryan Khan Bail: Court Reserves Order For Oct 20 - LIVE UPDATES From Hearing

ASG - The international convention takes a decision that all countries should take drug trafficking seriously as it is affects the society and the world.

ASG - My submission is when we are considering a case under the NDPS Act. The court has to consider the stringent provisions, scheme and object of the Act.

ASG reading from a Bharat Thakkar vs State of Maha where the court held that results of drug abuse are shattering.. Where an accused facing a drug charge is at par with another accused of a grave offence. And bail should be granted only as special case and the rarest of rare.

ASG reiterates - Recovery is not material.

Cites another judgement where the accused is in prison for 3 years under NDPS, despite no recovery.

ASG now cites the judgement of State of Kerala vs Rajesh on bail.

"Bail can be granted in case there are reasonable grounds for believing that accused is not guilty of such offence, and that he is not likely to commit any offence while on bail."

ASG cites another judgement on applicability of section 37 and seriousness of the crime under the NDPS Act.

That as per 37's mandate, while granting bail the court must see if the accused is likely to commit a similar offence or not.

ASG - The next SC judgement is on the point of conspiracy.

The SC says that there cannot be direct evidence of conspiracy as it happens in secrecy and only the conspirator would know.

ASG - I am mentioning this because it came after Tofan Singh's judgement.

ASG - The next judgement is Nawaz Khan's judgement, on recovery. It says that merely because there is no recovery, as assuming the applicants case that there is no recovery, the rigours of 37 of the NDPS Act for bail will still apply.

Hearing resumes. ASG Singh cites Union of India vsShiv Shankar Jaising on the point that retraction of a voluntary statement u/s 67 of the NDPS Act is a matter of trial.

Even though there is no retraction here,as the retraction came on the 7th, it can be considered only at trial.

Hearing adjourned to 2.45PM for lunch

ASG says he is okay with anytime as he was late.