Yesterday, a Special NDPS Court had granted two guests in the cruise bail.
Desai cites the bail granted to the two guests on the ship. Hands over the order.
Desai - They were on the vessel, on the ship and subsequently arrested after they came back.
The reply filed to their bail pleas is identical to ours.
Desai : The intention to consume also should not apply as no medical test was done.
Desai - We are arrested for an offence which is not committed.
Desai -This entire panchnama resulted in the aborting of the activity.
Criminal law says intention, attempt...and then offence.
Desai says far more incriminating material is said by others in their 'inadmissible' voluntary statements about purchase and sale. "But mine is only about consumption", he adds.
Desai - So panchnama says I confessed. Let that be as it is. Keeping my retraction aside.
This is accepting whatever they are saying for the moment.
Desai asserts still, it is only a small quantity for sake of consumption.
Desai reading the portion in panchnama where Arbaaz is alleged to have voluntarily taken out the charas hidden in his shoe and admitting it was meant for consumption.
Desai : Except personal consumption, there was no allegation of use in the arrest memo.
Desai says panchnama "demolishes the case of conspiracy".
Desai contends that the three are not accused of 'use' as defined under the NDPS Act as per the arrest memo.
"No allegation in the arrest memo of 'use'. So there was a clear understanding that this was a case of nothing more than personal consumption."