'Aryan Khan Not A First Time Offender; Attempted To Deal In Commercial Quantities': ASG Anil Singh Argues For NCB In Bombay High Court

"Aryan Khan is not a first-time offender," the Narcotics Control Bureau today told the Bombay High Court in the cruise ship drug case. The hearing is ongoing. Live updates here. ASG Anil Singh, appearing for the anti-drugs agency said, "He is a regular consumer for the past few years and the record shows that he has been providing drugs. And there is a reference of bulk quantity and commercial quantity of drugs. He has been in contact with drug peddlers." The submission was made before Justice NW Sambre who is hearing the bail applications filed by Aryan Khan, Arbaaz Merchant and Munmun Dhamecha in the cruise ship drug case. The Court today asked the anti-drug agency as to what is the basis for saying that Aryan Khan dealt with commercial quantity. To this, ASG Singh responded, "The WhatsApp chat will show he made an attempt to deal with commercial quantity, that's all." He pointed out that when Khan was apprehended, multiple drugs were found from 8 people (of the 11 people named in the secret note received by the agency). "So, you are saying cumulative effect should be given?" the Court asked. "It has to be investigated… cumulative drug quantity was of commercial quantity," the ASG responded. Broadly, the NCB's case is that the trio was found in possession/ conscious possession of contraband, Khan's WhatsApp chats show he was a regular consumer of drugs and has international links. Accordingly, the accused were arrested on October 3 and have been charged with Sections 8(c) read with 20b (purchase), 27 (consumption), 28 (attempt to commit offence), 29 (abetment/ conspiracy) and 35 (presumption of culpable mental state) of the NDPS Act. Read Aryan Khan's arguments here; Arbaaz Merchant's arguments here. NCB's Arguments Conscious Possession of Drugs It is NCB's case that though nothing was recovered from Khan's person, he was in "conscious possession" of the contraband owing to his connection with his friend Arbaz Merchant (from whom 6 gms charas was recovered). "If two people are travelling together, and the first person is knows the drug is with the other and it is for their consumption...Though the person may not be in actual physical possession, he may be in "conscious possession"," Singh submitted. He added, "Aryan and Arbaaz are childhood friends. They travelled together; they were going to be put up in the same room." He relied on the case of Showik Chakraborty v. Union of India, where bail was denied in a case of alleged procurement of drugs, despite no recovery being made from Showik's person. Further, referring to sub-section (c) of Section 8 (Prohibition of certain operations) of the NDPS Act, he said, "The scope of section 8(c) is very wide. Therefore, there may be a case that the person has not consumed the drug but is found in possession, 8(c) will apply." Accused were admittedly going to have "a blast" at the cruise party ASG Singh referred to the seizure panchnama as per which Aryan Khan had admitted that the contraband found from Arbaaz was meant for smoke during the cruise journey. "And they say they are going inside to have a "blast"," he added. No need for Medical Test of accused Clearing air on the issue as to why medical tests of accused were not conducted, Singh said, "They are saying we haven't tested for consumption. Where is the question of testing when they haven't consumed it? They were found in possession. It is our case that Aryan Khan was found in conscious possession of the drug." WhatsApp chats admissible ASG Singh on behalf of NCB argued that in the accused' WhatsApp chat there is a specific reference to bulk quantity, and that Khan is not a first-time consumer. Regarding admissibility of the chats, the ASG said they have a 65B certificate as required under the Indian Evidence Act and the chats are thus admissible. Voluntary statements of accused can be used at investigation stage Khan had contended that NCB's case is based on "voluntary" statements given under Section 67 of the NDPS Act, which are inadmissible in evidence as per last year's Supreme Court judgment in the Tofan Singh case. Controverting this submission, the ASG submitted that the question of admissibility of section 67 statement will apply only at the time on trial, not investigation. Case of conspiracy A day after Khan was remanded to NCB's custody, the agency invoked the charge of conspiracy under Section 29 of NDPS Act against all accused. ASG Singh referred to subsequent arrests of several suppliers to claim that all the accused persons form a part of a "larger chain", nexus and their involvement in a conspiracy to commit illegal acts and violations under Section 29 cannot be ruled out. He added, "The object of (section) 29 is that the drug may not be found with the person but he still may have conspired. Under section 35 (culpable mental...

'Aryan Khan Not A First Time Offender; Attempted To Deal In Commercial Quantities': ASG Anil Singh Argues For NCB In Bombay High Court

Sharmeen Hakim

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