Aryan Khan Bail: Court Reserves Order For Oct 20 - LIVE UPDATES From Hearing
ASG - Showik's contention was that nothing was recovered from him. However the court said the matter is being investigated and you were in touch with a drug dealer.
Here Aachit and Shivraj are drug dealers. Therefore in this case also no bail can be granted.
ASG Anil Singh reads Rhea Chakraborty's brother - Showik's- bail order. Says that in that case there was no recovery from Showik but in the present case, there is.
ASG on WhatsApp chats.
"We are a responsible agency. No one can direct how I should investigate the case."
ASG on Arbaaz Merchant's arguments that the WhatsApp chats cannot be relied on as there is no seizure panchnama of their phones.
"Where is the ground in the bail application that there is no seizure? There is a voluntary surrender and statement of accused. Can it not be relied?"
ASG on the argument that the maximum punishment for Aryan Khan is one year.
Says that if a connection is established between one accused and another, charged with a graver offence, the same punishment will apply for both.
ASG - If the entire scheme of the act is seen, there are provisions under the Act which have nothing to do with quantity but stringent punishment is prescribed.
ASG - In one case if there are 15 or 20 persons involved, and if it is a case of conspiracy, the bar u/s 37 for grant of bail in NDPS cases will also kick in.
ASG states that "Innocent until proven guilty" doesn't apply in the cases of NDPS offences.
ASG - In the NDPS Act, the presumption is of culpable a mental state, and it is for the accused to prove that he was not in possession during trial.
ASG refers to Section 35 of NDPS on presumption of a culpable mental state.
"Once we have found drugs from Aryan or Arbaaz, then it has to be presumed that the drugs were found from them and agency is correct."
ASG refers to the word 'use' in the NDPS Act.
Says that personal consumption is excluded from the definition of 'use