Mumbai: Senior adviser Amit Desai arguing in the High Court of Bombay on Wednesday that Arbaaz’s arrest Arbaaz Merchant and Munmun Dhamecha in the case of Bust Cruise Liner was illegal, rules and assessments in small amounts.
He quoted the Supreme Court ruling that wasted an unfortunate arrest of the provisions ”.
He then quoted the Assessment of the Andhra Pradesh High Court to say that Section 41A applies to cases under narcotics law and psychotropic substances (NDPS) as well.
“We (Arya Khan, Arbaaz traders) were arrested for unconcepted violations,” Desai said, showing that they could only be accused of having the intention to be consumed.
Justice Nitin Sambre will continue to hear their bail application on Thursday.
Desai also pointed to a guarantee given to two co-accused of AVIN Sahu and Manish Rajgaria in the same case after October 2 attacks at the roaming terminal, there was a recovery of Charas 2.4gm from one, and no one from the other, said NCB.
Desai says the principles of parity because it involves freedom, it can be seen.
He said the heart of this case was a conspiracy charge.
“NCB misleads the court in his first detention application, saying they were arrested for conspiracy even though the memo arrest did not show arrest for conspiracy.” He said “conspiracy” defined by legal experts needed a meeting of thoughts before an action.
For example, he said if two thieves entered the same house independently at the same time, it was not a conspiracy.
Senior adviser beat Rohatgi for Aryan Khan added that in the memo of his arrest, “no mention of each recovery” and shared ownership cannot be, demonstrated.
Appearing for merchants, Desai said cases involving the trio were “individuals and not connected to other people”.
He argues that “there are also no cases of consumption.
Consumption is a verb.
Their case is the best for consumption that is not a violation below part 27 of the NDPS law”.
He said there should be no arrest because Arya did not have drugs in its ownership; NCB can, best, build ownership of 6 GM by Arbaaz; And there are no medical tests done to show consumption.
Desai said the arrest memo was identical to Khan and Merchant.
He said in the detention application for Aryan, “they were thrown away …
recovery from other people who were not even arrested at that time”.
Desai said Aryan, Arbaaz and Munmun were arrested for identical violations of section 8 (c) reading with 20 (b) (for ownership) and 27 (for consumption).
Section 28 (effort) and 29 (conspiracy) are not on the horizon, which means the maximum penalty will be one year.
He said there was no case for conspiracy because they did not have an agreement.
Because this is an individual’s actions of alleged ownership and consumption, NCB officers have an obligation for the first issuance notice instead of affecting arrests, he said.
“What was restored? Only 6 GM from Arbaaz and 5 GM from Munmun, but NCB said 21 GM.
There was no connection.
There were no messages and calls Whatsapp among them.
The court court refused the guarantee because the NCB accused the commercial quantity to recover from the defendant with whom This has no connection.
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Arya Khan Bail Plea: HC rules likely today
