lawyer mukuli Rohatgi Argued that Aryan’s case would go under section 8(c), 27 and 20(b) and not under section 27A. “My case is far from Section 27A,” he said.
Section 8(c)- Production, Manufacture, Possession, Sale, Purchase, Transport, Warehousing, Use, Consumption, Inter-State Import and Export, Import and Import from India
Section 27 – Punishment for the use of any narcotic drug or psychotropic substance.
Section 20(b)- Possession of cannabis is a punishable offence.
Section 27(a)- Penalties for financing illegal traffic and harboring criminals.
He continued “Of the two conditions for bail, section 37 does not apply as there is no application in 27A. Section 64A is exempt from prosecution if you are prosecuted under section 27 and you go to rehab. Huh.”
Questioning Aryan’s time in jail, Rohatgi said, “I am arguing a case which is not really against me. My case is not of possession or consumption. Cannabis in the US and some parts of the world.” is valid. With this collection of facts, what I am saying is that there is no case.”
He further asked, “There is no consumption, no possession… why has this boy been sent to jail for 20 days?”
The NCB said that the investigation of the case so far has revealed the role of Aryan Khan in illegal purchase, transportation and consumption of drugs.
The agency said that prima facie investigation revealed that Aryan Khan used to buy drugs from his friend. Arbaaz Merchant, also an accused in the case.
“The applicant (Aryan Khan) was in contact with certain persons abroad who appear to be part of an international drug network for illegal purchase of drugs,” the petition said.
The affidavit further states that even though there has been no recovery from Aryan Khan, he “participated in the conspiracy”.
“Prima facie investigation has revealed that this applicant is not merely a consumer of drugs, as desired by him,” it said.
The NCB stated that the applicant has not made any case for extension of bail, prima facie and/or otherwise.
The affidavit said, “The role of this applicant (Aryan Khan) in serious and serious offenses including illicit drug trafficking under the NDPS Act is evident, in view of the nexus and connection of this applicant with other accused in the matter, The affidavit stated.
It added that a moderate quantity of drugs have been recovered from the other accused in the case and hence, Aryan Khan’s case cannot be looked at separately.
“The elements of the conspiracy are clear and clear,” the affidavit said. In such cases the quantum of recovery of drugs from an accused becomes irrelevant.
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