Aryan Khan Case Discussion ~For the People Who Want a Rationale Debate - Page 19

TIMES NOW on Twitter: "NCB is set up to coordinate with local police & catch the big fish. NCB have no business for busting a party that may or may not have drugs in them: Avi Singh, Advocate, Supreme Court, tells TIMES NOW. https://t.co/hfi2M0NoAL" / Twitter

This person claims to be a Lawyer of Supreme Court. I need to fact check his credentials

Not only officer from NCB, even Excise, Customs and DRI can conduct raid according to section 42 of NDPS Act.1985.

Section 43 is even more slap on this lawyer of Supreme Court.

43. Power of seizure and arrest in public place.—Any officer of any of the departments mentioned in section 42 may—

(a) seize in any public place or in transit, any narcotic drug or psychotropic substance or controlled substance in respect of which he has reason to believe an offence punishable under this Act has been committed

(b) detain and search any person whom he has reason to believe to have committed an offence punishable under this Act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company.

To anyone who wants to fact check: A1985-61.pdf (legislative.gov.in)

Oh, in any way, I'm very sceptical when it comes to media and people speaking on media (or writing in media)...their truth often isn't THE truth 😉

Still, that doesn't change my opinion that Aryan was framed and that NCB has ulterior motivation to keep him in custody that has nothing to do with drugs.

For any Narcotics or weapons raid, even if small quantities are found Or a small unlicensed pistol 7 days police/NCB custody and 14 days judicial custody is the norm. Offences are cognizable which means only designated court can grant bail.

So it takes 21 days for any average person to get home, even if he is innocent, if he has been charged already.

Questioning is rigorous And done with an intention to extract a confession. However actual confession is always recorded in front of magistrate with detained lawyer present.

This is for every one. Even if arrested with a group where some are completely clueless and innocent and few people carried small quantities of drugs on them. If they get charged as a group all are stuck. Just as in case of Aryan

Bribes work only in the sense that the person detained gets to sleep comfortably, gets decent food and clean toilet and kept away from serious criminals.

If a person is not charged then he can be let off with a warning to not leave the city and be available for questioning at all times.

These details I found from my lawyer friend

POCSO (against child abuse) and murder charges are similar cognizable offences where there is usually 21 days to a month custody before bail.

Hello,

What's the latest on the case, anyone please?

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delaying tactics, power play...

UPDATE 11:43, 13th Oct 2021

A junior lawyer informs the court that the Additional Solicitor General - the senior most law officer for the Center in the State is appearing in this matter is caught up in HC.

Requests for the matter to be kept in the afternoon.

Court: But reply has to be given.

Adv: Yes, NCB reply is on its way.

There might be hailstorm going inside SRK's mind and brain. Mansinde and Desai both the senior lawyers are present and are asking for NCB reply. What's inside that reply no one knows.

Also what's inside ASG's bag no one knows yet.

Today is technically last working day as Navaratri, Dashhera starts from tomorrow. The request to shift the hearing to evening might delay chances of bail.

Thought of leaving India, might have crossed in the mind of SRK million times during this trail. He can easily settle anywhere in the world. For his children future at least he will send his children abroad forever after this incident.

whatever SRK will do AFTER Aryaan gets bail is of no interest at the present stage of the matter...yet what the accusing side is doing, is revealing a lot - and nothing positive about them...it's a nasty, shady power play and shows how their mind is working...

Those who have instigated the whole matter just want to show, what they have the power to do...I hope it will backfire on them...

Their only point which is important for NCB (and the people behind):

"all in one"...the conspiricy - together-accusation

Edit: The judge should give bail to all the accused mentioned in the reply ("members of the conspiracy"...)

None for the NCB has come...the court was "forced" to delay for 2:45 pm...what a kind of respect for the court is THAT???

Originally posted by: Clochette

Their only point which is important for NCB (and the people behind):

"all in one"...the conspiricy - together-accusation

Edit: The judge should give bail to all the accused mentioned in the reply ("members of the conspiracy"...)

None for the NCB has come...the court was "forced" to delay for 2:45 pm...what a kind of respect for the court is THAT???

This is how most courts in India work. Time is the cheapest commodity in Indian legal system. That's why we keep hearing court cases between families running for generations.

The reply has been served by NCB as pointed by @Clochette the gist of reply seems to be ;

The role of one of the accused cannot be dissected from another.

Even if there is no recovery of small substances, the accused are involved in conspiracy.

As predicted, they have claimed following:

Aryan Khan was used to procure contraband and the contraband was found in the custody of Merchant. The investigations pertaining to transactions abroad need to be investigated and are being investigated.

The hearing is scheduled for 2:45 PM lets hope the bail plea case gets completed by today itself.

EDIT 14:12, 13th Oct 2021: While NCB reply is ready and served on defense, it has not been filed yet as it is yet to be signed by SPP.

NCB Reply Continued....

It is so far apparent that accused number 17(Aachit Kumar) and 19 (Shivraj Harijan) supplied charas to accused Aryan Khan and Arbaaz Merchant.

From the above investigation it is thus revealed that all the said persons form a part of a larger chain, nexus and their involvement in conspiracy to commit illegal acts and violations under section 29 cannot be ruled out.

The applicant (Munmun Dhamecha) has stated that she has retracted her statement under section 67 of NDPS Act. In any event, this issue has no relevance at this stage. Refers to Rhea Chakraborty bail order from HC : All NDPS offences non-bailable.

NOW section 29 of NDPS states following;

(1) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence.

(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which--

(a) would constitute an offence if committed within India; or

(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India.