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Live Updates LIVE UPDATES: ARYAN KHAN IN COURT

LIVE UPDATES ARYAN KHAN IN COURT

Oct 04, 2021

Sethna- Investigation ought not to be hampered

Oct 04, 2021

If we are not given their custody, there will be a disparity. Those with smaller quantities have been remanded to custody.

These found with higher quantity....

Oct 04, 2021

Seth For NCB- The arrest memo is before the court Vikrant Choker is arrested at 7,....last arrest 17.40 hours yesterday. 

Within the stipulated time all have been produced.

Oct 04, 2021

Mor - Based on this vague remand copy, I cannot be given into their custody. 

Adv Lakhshmi for another accused - I have been illegally detained. What is my role in this vague remand application? 

Adv Sartaj Shaikh for Nupur- They are detaining all together and then deciding...

Oct 04, 2021

Mor - I am praying he (Vikrant Choker) may not be remanded to further custody.

Oct 04, 2021

Ashish Raghuvanshi for Chhoker alleges discrimination. 

Mor - The remand application can't be vague. It has to be detailed.

Oct 04, 2021

Ramad hearing for the remaining 5 accused for Delhi begins. 

NCB Counsel Advait Sethna seeks custody. 

Adv Kushal Mor - Remand and Pamchnama copy is not given. They are in illegal custody. 

Why are they shown arrested later? All 8 were detained together.

Oct 04, 2021

Breaking- Aryan Khan, Arbaz Merchant and Munmun Dhadicha remanded to NCB custody till 7 October.

Oct 04, 2021

Order

I am of the view that investigation is of prime importance. Considering this aspect, the presence of the accused with NCB is necessary.

Remanded till 7.

Oct 04, 2021

Order

I have gone through the contents. It is not disputed that in the case of Rhea Chakraborty that all sections under NDPS are non-bailable...

Oct 04, 2021

They prayed for their judicial custody and bail.

Oct 04, 2021

Order

In this connection, the other five were arrested. ASG argued it shows that shocking and incriminating material is found from A1 (Aryan khan) mobile and prayed for custody.

Oct 04, 2021

Order 

(Sunday )They were produced before the court and remanded to custody till today. 

He argued that the investigation reveals their connection with suppliers etc.

Oct 04, 2021

Order 

ASG argued that NCB has seized 13 grams of cocaine, 5 grams of MD (mephedrone), 21 grams of charas (small quantity), 22 pills of MDMA (ecstasy) (intermediate quantity) and Rs 1,33,000 at International Cruise Terminal, Mumbai

Oct 04, 2021

Order 

Court - Accused were produced at 3.30 PM by the Superintendent and sought custody till October 11. 

Heard the ASG at length and advocates for the accused.

Oct 04, 2021

Maneshinde (of VIP)- I didn't claim that.

Oct 04, 2021

Maneshinde- At the point of my detention, there were no WhatsApp chats. No recovery from me. 

Sethna- Even if the first person is a VIP...there were recoveries from the other accused.

Oct 04, 2021

Sethna- What's important is that, in the interest of justice, we may be given custody. Their case is that he didn't have a ticket... 

Maneshinde- I didn't board the ship. The ASG tried to foreclose my argument, therefore I made those judgements.

Oct 04, 2021

Court - Why are you not levelling Section 22 then? 

Sethna- That is for psychotropic substances.

Oct 04, 2021

Sethna- The picture should not be projected... We need to confront and need custody of all the 8 accused. 

Doodth ka doodth and pani ka pani. Let all of them be confronted so that the truth comes out.

Oct 04, 2021

NCB Counsel Advait Sethna - As far as the first three are considered, the first recoveries have happened at the terminal. 

Other recoveries happened later.

Oct 04, 2021

Maneshinde- There is nothing to establish my connection with people on the ship. 

ASG - Why was he on the ship? 

Sayed- 1300 people were on the ship. It is not even their case that No.1 ( Aryan Khan) was distributing. He can buy the ship but. 

Maneshinde- No no no

Oct 04, 2021

Court - What do you have against them? 

Sameer Wankhede for NCB- The organisers were unapproachable. What is the connection of the consumers with the organisers? 

Court - You need their custody. 

Wankhede- Yes.

Oct 04, 2021

NCB- Ishmeet:14 MDMA Ecstacy pills.

Gomit: 4 pills

Mohak Jaiswal: No recovery. But he provided Nupir with four pills of MDMA.

Oct 04, 2021

NCB officer - Only this much recovery has been made from these three people. 

From Vikrant Chhokar: 5 gm's Mephedrone(intermediate quantity), 10gms cocaine (intermediate)

Oct 04, 2021

Court now asks specifically from whom the seizure is made. 

NCB - Arbaz Khan: 6 gms of charas (small quantity) 

Munmun Dhamecha: 5 gms of charas (small quantity)

Oct 04, 2021

ASG Singh and Maneshinde are exchanging words on making bail arguments and citing judgements during the custody hearing.

Oct 04, 2021

Maneshinde says that the SC judgement will show that contraband was recovered from the car in that case.

ASG Singh - So what? Here, it is recovered from the ship. 

Maneshinde- The ship is not mine. You should have arrested the 1000 on the ship then.

Oct 04, 2021

ASG Singh - I can show his involvement from other circumstances.

Oct 04, 2021

ASG Singh - Just because he was not found in possession doesn't make him innocent, the SC recently said. We are at the stage of remand. 

Everything will have to be investigated. In two days, do you want me to complete the investigation?

Oct 04, 2021

Court - What are you going to prove by the said chats?

ASG Singh - To show it's not what they argued. The person who is in regular contact...You had gone in the ship and gone with people who were found in possession.

Oct 04, 2021

ASG Singh - The courts have not said chats cannot be used to refuse custody. 

Hands over a copy of the chats. 

There are some chats about payments not been made, code words are used, there are chats about bulk purchases. Some are from July 2020.

Oct 04, 2021

ASG Singh is now referring to Baldev Singh's judgement by the Supreme Court.

Says that everything has been considered in Rhea's case, and after that, the observation of NDPS offences being non-bailable were made.

Oct 04, 2021

Adv Ali Kashif argues for Munmun, the third person to be arrested. Says she was there after someone invited her. 

ASG Singh - I have heard Mr Maneshinde's arguments. Most of the arguments were for bail.

He cited Stephen Muller's judgement which has been dealt with in Rhea's case.

Oct 04, 2021

Maneshinde wants a correction in the remand order from yesterday. A clarification that none of the drugs claimed were seized from the accused (Aryan).

Oct 04, 2021

Sayed - They are not seasoned criminals who have not cooperated. Whatever progress they have made is on my disclosure. That ended there.

Oct 04, 2021

Sayed- It is no one's case that the ship set sail. As far as 1( Aryan khan) is concerned, nothing is found on him.

See how he is made a scapegoat. Just claiming that he was going to consume?

Oct 04, 2021

Sayed - Such cryptic remand applications give them room to manipulate things. They didn't give the panchnama yesterday. Now, how am I connected to the recovery of other drugs?

Oct 04, 2021

Sayed - Has the NCB come here to interrogate two boys, one found with nothing, the other found with 5gms, claiming that he was allegedly going to consume? 

They need to point out first the connection between us and if there has been any recovery.

Oct 04, 2021

Sayed - I need to see the panchnama. However, the remand application is misleading.

Apparently, they have recovered only 5 grams of charas from these three. 

Why are they mentioning MDMA, cocaine?...

Oct 04, 2021

Sayed says that what needs to be seen is the material before the court because NCB is not seeking custody for chats that happened years ago.

Oct 04, 2021

Adv Taraq Sayed for Accused No 2, Arbaz Merchant- I need to see the panchnama. 

The quantity is not there as to what is seized from whom.

The remand is absolutely silent on this aspect. They are only saying that I was going to use it

Oct 04, 2021

Maneshinde - We (Aryan and Arbaaz) were found together but that doesn't mean there is anything in common.

Maneshinde - To grant prayer for remand even for a day, allegations will have to be seen.

Whatever is seized from others can't be foisted on me. The chats are not relevant to my custody.

Maneshinde - There are no criminal antecedents. I showed my good conduct.

I didn't run away on seeing the officers. I allowed them to check.

Therefore, custody should not be given to them. Mere chatting on the phone without corroboration doesn't make an offence.

Oct 04, 2021

Maneshinde - Bail was granted in that case. Coming to bailable and non-bailable offences I'll refer to Stefan Mulla's case.

There are judgements and judgements on the point of law, it will depend on which one the court wants to follow.

Maneshinde is citing the third judgement now of the Allahabad HC in Ram Bharose's case, which deals with bailable and non-bailable offences.

Maneshinde - Even if I am booked for a non-bailable offence, I am entitled to bail.

Someone for the prosecution laughs.

Maneshinde- Kya karoo, aaj aap ASG ko lekar aaye.

Yesterday I finished in two mins.

Oct 04, 2021

Adv. Maneshinde now reads the judgement of Justice Sambre of the Bombay HC in Sohail Khan vs State of Maharashtra where the total quantity seized was used against one person.

Maneshinde says that in that particular case, the HC had granted bail though it was 400 grams of seizure.

Maneshinde - I will deal with Rhea's judgment now. 

There are claims that she was financing and harbouring. 

Financing will have to be interpreted to mean where financing is a mode of livelihood in some way. Here, there is no charge of even harbouring.

Oct 04, 2021

Maneshinde - If your honour comes to the conclusion that my custody is required, then that is different.

Cites a judgement. ASG Singh - First my custody application will have to be decided, then the question of bail will arise.

Maneshinde - I didn't interrupt my learned friend.

One of the grounds is that there is the seizure of total commercial quantity in the entire case. But that can't be used against me.

Maneshinde - The High Court says that if they have picked up the supplier, that can't be used to decide my remand. 

According to them, I'm in the position of purchase. But nothing is recovered from me. .

Maneshinde is referring to a 2020 judgement of the Sessions court in which similar sections were applied under the NDPS Act.

Oct 04, 2021

Maneshinde - In the last one year, I've gone to my university. In the entire period, I have not indulged in any drug trafficking.

Maneshinde - Even if the offences are non-bailable as argued, based on Rhea's case, I am entitled to bail.

There, Section 27A was invoked, for financing. 

If material is seized from other accused, that cannot be foisted on me.

Oct 04, 2021

Maneshinde - My bag was searched but nothing was found. After some time, they took custody of my phone and began interrogating me. Mr Merchant is a friend of mine. He was found in possession and we were arrested.

Court - How much from the friend? 

NCB- Six grams of Charas. Maneshinde- This is a small quantity. 

None of the other drugs was seized from us. 

The main seizure is from..the other accused. I am not connected to others.

Maneshinde- Yesterday, they asked for two days. 

Now they say that when I was abroad, I have certain conversations in the phone and they want to bust an international drug trafficking racket.

Oct 04, 2021

ASG Singh - Parents suffer, see the impact of this. 

Singh - Ship organiser of the party has been intercepted.

Adv Satish Maneshinde - I fully endorse that the drug menace has to end. But let us go by the facts of the case.

Maneshinde- I landed there with a friend of mine on an invite from the organisers.

 I got to know the best suit is allotted to me. I have not paid anything for this party.

Oct 04, 2021

ASG is still reading from the Chakraborty's judgement. Para 45...

ASG Singh - Ultimately we have to see the purpose and object of the Act. It is to remove the drug menace from society. You can't claim that just because you are found with a small quantity or nothing, you are entitled for bail.

ASG Singh - We have to reach the suppliers, where the financing is happening. 

We are just saying to grant us custody for some more days. We have to unearth the nexus.

ASG Singh - They are all one racket. 

Nowadays, it is very common for youngsters to consume drugs. 

Young people consider these high profile people as their role models.

Oct 04, 2021

Singh - It will be an argument that these are bailable offences but I have three judgements of Bombay High Court which says that all offences of NDPS are not bailable. 

Therefore they will have to fulfil the criteria.

Singh - When we arrested the supplier from Juhu, the 9th accused, we have got commercial quantity.

Adv Singh reading Rhea Chakraborty's bail order where it was observed that offences under NDPS are non- bailable.

Note - The remand against Khan also talks about procuring drugs in bulk for further distribution.

Oct 04, 2021

Singh - There are five more connected persons who are under investigation and likely to be produced before this court. 

In total there are 8 accused related to the ship. 

One more person is also apprehended.

ASG Singh still reading from the remand - There are links in the chats indicating towards an international racket.

Singh - Aryan Khan is discussing about modes of payment to be done for procurement. Several code names used.

Singh - There are several suspected characters whose identification is yet to be done. 

There are three persons arrested in the cruise. 

From their possession, items that have been found are set out.

Oct 04, 2021

NCB remand for Aryan Khan states that shocking incriminating material has been found on his phone in the form of pictures. Talks about procuring in bulk for further distribution.

ASG Anil Singh for NCB begins his arguments. 

Custody sought till October 13, 2021

Aryan Khan states in court "My bag was searched but nothing was found. After sometime, they took custody of my phone and began interrogating me. Mr. Merchant is a friend of mine. He was found in possession and we were arrested"

Maneshinde: Even if the offences are non-bailable as argued, based on Rhea's case, I am entitled to bail. There, section 27A was invoked, for financing. If material is seized from other accused, that cant be forced on me.


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