A special court will continue to hear the arguments on the bail pleas filed by Aryan Khan today. Mumbai News Highlights and Updates: Aryan Khan, arrested in cruise drug bust case, was shifted to general barracks after his quarantine ended on Thursday. He will continue to stay in jail as a special court, earlier in the day, reserved its order on his bail plea and is likely to pronounce it next week.
During the hearing, the Narcotics Control Bureau (NCB) stated that Khan was a regular consumer of contraband for last few years. Citing government’s national policy on Narcotics Drugs, Khan’s counsel Advocate Amit Desai argued that he, as the end consumer, was a person affected by the drug abuse. “You’re a person on the bottom of the chain, you’re a consumer. You’re a person affected by the drug menace as per the government’s own national policy on Narcotic Drug,” he defended Khan.
Meanwhile, Mumbai reported 481 new Covid-19 infection cases and three deaths on Wednesday, taking the caseload to 7,49,074 and toll to 16,167. This is for the fourth day in a row the metropolis has recorded less than 500 daily cases. 31,638 tests were conducted in the last 24-hours, taking the total test count to 1,08,20,708. Over 461 patients recovered from the infection taking the number of active cases to 5,114.
In other news, After opposition from environmentalists, who are against the widening of the main road in Aarey Milk Colony, the Brihanmumbai Municipal Corporation (BMC) on Wednesday stated that there is no proposal to widen the stretch.
Aryan Khan, arrested in cruise drug bust case, was shifted to general barracks after his quarantine ended on Thursday. He will continue to stay in jail as a special court on Thursday reserved its order on the bail pleas filed by Aryan Khan in ship drug bust case. The court is likely to pronounce the order next week.
In the court on Thursday, there were arguments and counter arguments over Aryan Khan's bail plea in cruise drug bust case. While Additional Solicitor General Anil Singh, representing NCB, opposed the bail plea filed by Aryan Khan stating that he was a regular consumer of contraband for the last few years, Khan's counsel senior advocate Amit Desai however said that the coiurt must bear in mund that by no stretch of the imagination is this boy involved in international drug trafficking.
Here's what all were said in the court during Aryan Khan's bail hearing today.
Bollywood actor Shah Rukh Khan’s son Aryan Khan will remain in jail after a special court in Mumbai on Thursday reserved its order on his bail plea. Aryan Khan was arrested in connection with the seizure of banned drugs, on board a cruise ship off the Mumbai coast. The court is likely to pronounce the order on the bail pleas on October 20.
During the hearing, the Narcotics Control Bureau (NCB) stated that Khan was a regular consumer of contraband for last few years. Citing government’s national policy on narcotics drugs, Khan’s counsel Advocate Amit Desai argued that he, as an end consumer, was a person affected by the drug abuse.
Stating that the international convention has taken a decision that all the countries should take drug trafficking and drugs abuse seriously because it is affecting society, the nation and the world, NCB’s counsel Additional Solicitor General (ASG) Anil Singh said he doesn’t agree with the argument that involvement of kids can be a reason for consideration for granting bail. “Drugs are also affecting youngsters, college students. Argument was advanced that these are young boys, they are kids. And that may be one of the considerations for granting bail. I don’t agree with this. You are our future generation. The entire country will be dependant on this generation. This is not what our freedom fighters had in mind,” he said in court. Read full story here
ASG Anil Singh, appearing for NCB, says, "He (Desai) said he did not know what was the evidence but he spoke about today's youth and their language. The chats in question were given to court, it would be very clear to anyone reading it, it is in simple terms, not technical."
Amit Desai also said that there are no chats or any communication on the alleged rave party on which the NCB claimed it had received information. "WhatsApp chats are supposed to be private conversations. But I am told there are no messages or conversations on the mobile about the rave party."
Advocate Desai says, "The youth of today speak in a language is what older generation would call 'torture to the English language'. How they joke with each other, how their relationships are with each other is very different. The language is beyond me. The chats, is it youthful banter, is it a joke, the context is important. The court needs to bear in mind that by no stretch of imagination is this boy involved in international drug trafficking."
Amit Desai says that Showik's case has to be distinguished from an end consumer's case because Showik didn't consume but dealt in drugs. He was referring to Showik Chakraborty, brother of Rhea Chakraborty, who landed into a drugs case during investigation into the death of actor Sushant Singh Rajput last year.
"You're a person on the bottom of the chain, (if) you're a consumer. You're a person affected by the drug menace as per the government's own national policy on Narcotic Drugs," says Amit Desai. "Instead of trying to reform you, I'll pick you up and keep you in jail for I don't know how long. Because you, as a consumer, are alleged to be in conspiracy with a co-accused from whom commercial quantity has been seized," Amit Desai adds.
"Nothing has been suggested on how investigation will be affected if he's granted bail," Amit Desai says.
Desai adds that a Bombay High Court in a previous order has not agreed with the contention that celebrities are to be treated harshly, stating that they are equal before law.
Referring to the National Policy on Narcotic Drugs and Pyschotropic Substances, Desai, appearing for Aryan Khan, submits that the government's policy itself speaks of being sensitive to students of schools and colleges and a different approach for peddlers.
"Everything that is being done must be done as per law. We must recognise one very fundamental issue. That our society has realised that there are types of drugs and there are types of drug menace. And we must recognise that with evolution of times, societies and government have recognised which part of it is to be attacked and which has to be looked at socially," says Aryan's counsel Amit Desai.
Amit Desai adds, "Kudos to NCB in Bombay and the country for whatever they are doing. Hope that they do their job with constitutional principles. That is also something we fought for in our freedom struggle. We are here to support what our officers our doing with risk to their lives. Equally important that we must remember that our freedom fighters also fought for Constitution and fundamental rights."
Senior counsel Amit Desai, representing Aryan Khan, says, "I don't think there can be any doubt, debate or dispute on the importance of the statute with the societal development of any nation. No doubt that the entire world is fighting drug menace. We got our freedom, we must protect our freedom... we are concerned that the future generations of this country and world that they take precautions about their health."
Special Judge VV Patil asks if NCB is putting on record Whatsapp chats referred to by the agency, says he wants to go through it.
"The issue of drug abuse must be taken seriously. We are looking into the chain, transaction, connection and ultimately since I've said investigation is at preliminary stage, will ultimately have to find out how they are all connected with each other. Therefore, it is a case of conspiracy. This is not a stage of bail. It may be considered at a later stage," says NCB.
"Drugs are also affecting youngsters, college students. Argument was advanced that these are young boys, they are kids. And that may be one of the consideration for granting bail. I don't agree with this. You are our future generation. The entire country will be dependent on this generation. This is not what our freedom fighters had in mind," says NCB.
"In a recent case, our officers were attacked, beaten. 4-5 officers were in hospital. These are the challenges the officers face," says NCB
ASG adds, "The international convention takes a decision that all the countries should take this drug trafficking and drugs abuse seriously because it is affecting society, the nation and the world. Time to time stringent provisions and amendments are made, no doubt our learned friends were kind to appreciate the work of NCB in Bombay but allegations were also made. Must point out that our department NCB has been working day and night to find solution of drugs trafficking and drug abuse. They are dealing with it in serious stringent manner."
"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," says ASG Anil Singh, appearing from NCB. --Live Law