Sateesh Maneshinde commences arguments for Rhea Chakraborty and Showik Chakraborty.
29 Sep 2020 8:23 AM GMT
The moment you use the term 'illicit drug trade' it implies a tradeable quantity : Saeed.
29 Sep 2020 8:19 AM GMT
Sayed refers to a judgment of Canadian Supreme Court which says that there cannot be 'illicit drug trade' in 'small quantity'.
29 Sep 2020 8:19 AM GMT
Justice Kotwal says he does not agree with Sayed on the point that commercial quantity is relevant for the application of Section 27A NDPS Act.
29 Sep 2020 8:17 AM GMT
Prosecution will have to show something more than Section 8(c) to attract Section 27A. But the concept of commercial quantity does not apply there : J Kotwal.
29 Sep 2020 8:17 AM GMT
Justice Kotwal adds he is merely 'thinking aloud' and that these are his preliminary observations.
29 Sep 2020 8:16 AM GMT
Justice Kotwal observes that mere harbouring of a person who is a drug addict will not amount to 'harbouring' under Section 27A. 'Harbouring' must be of a person who is in drug trade and not into mere consumption, the judge observes.
29 Sep 2020 8:11 AM GMT
Sayed : 'Financing' means I am not there in the forefront. I am in the backdrop. It is different from regular trading. Therefore it is not included in Section 8(c) and is dealt separately in Section 27A.
29 Sep 2020 8:09 AM GMT
Sayed argues that to attract the offence of 'financing' under Section 27A there has to be an element of profit-making.
29 Sep 2020 7:59 AM GMT
Sayed : When we interpret the provision (Sec 37), sentencing structure of the offences are of importance.