If you have followed the Aryan Khan case carefully, chances are that you have kept the tab in the court process and maybe that the term ‘custodian interrogation’, ‘Jadicular custody’ and ‘Interim guarantee’ must make you scratch your head.
How these three situations are different from each other.
Where can Aryan Khan go home? Well, this is the broadcast article that must relieve your puzzles and solve your confusion.
On October 3, Shah’s son Rukh Khan Arya Khan, his close friend Arbaaz Merchant and Munmun Dhamecha were arrested by NCB (narcotics control bureau) after drug attacks on a bound cruise ship.
All the defendants were produced before the addition of Metropolitan Magistrate R M Nerlikar today, October 7, at the end of previous custodial detention.
The court then sent them into the termination of the judiciary even though NCB was looking for an extension of their detainees / detainment until October 11.
In a simpler term, this means that this case was initially in the hands of the NCB which enforced the NDPS law (narcotics and psychotropic drugs), which was given a 24-hour period to investigate the problem.
They cannot collect a lot of evidence at the time given, which is why there is an extension of detention on 4.
Randand demands the court to send / restore the accusations back to detention, (here NCB) to investigate more.
When the initial detention ends, NCB then requests an extension of the reason for the ease of investigation.
However, once the defendant was produced in court, Judge Judicial and the court got the freedom to decide whether to take a problem or not.
In this situation, the court decided that the defendant would not be in the hands of NCB, but with Judicial custody.
If you wonder what it means, it implies that now the defendant will be imprisoned and NCB can only investigate further at the relevant judge’s permission, in this case, the Mumbai court.
It could also be said to be somewhat rough than police prisoners.
Also read lawyer Khan Satish Maneshinde made a case for guarantees; say, ‘Aryan cannot be held hostage’
Now, until Arya Khan and the other accused of getting a guarantee, they will be in prison.
The same thing will be influenced today not 7 nights when hearing concludes.
Satish Maneshinde lawyer Aryan who showed that entry into post-7 nights prison without a Covid test would be difficult.
This resulted in the court agreed to send allegations to NCB custody for the night and scheduled hearing guarantees tomorrow at 12:30 a.m.
However, before trying to bargain for Aryan not to be sent to prison, the Satish lawyer asked for a temporary guarantee, which meant the defendant needed a direct guarantee – until the defendant could secure regular or anticipatory guarantees.
Bouda is a request that asks the court not to accuse prison.
During the hearing of court today, Manyeshinde made a strong case for guarantees, stating, “Khan cannot be held hostage until they find the main accusations.
He argues, ” Why should custody be given? There is no confrontation done as far as I know.
Nothing medicine, not in my bag, none of my people, I do not tamper with the phone.
Why don’t I work with the law? Besides that, see the accusation of me …
Part 8 (c), 27, 28, 29 “.
Maneshinde also added, “If the NCB has not managed to explore the controversy so far, then what will they do now? Humble submissions are that they continue to say that they must reach ‘the main defendant.’ He (Aryan) cannot be held hostage until they find the main accusations.
The rest of the defendant, I do not care, so I will not make the shipment about them, “concluded the lawyer.
Read the Alsomumbai Court Send Arya Khan and 7 others for Judicial Detention for 14 days
According to the latest updates, Maneshinde will file a guarantee after the procedure as mentioned in the CR PC (Code of Criminal Procedure 1973) in court tomorrow.
So, this is a quick recap.
‘Custodial interrogation’ is when NCB has the defendant under their detention / arrest to be questioned.
‘Judicial detention’ is a situation where the defendant sent to prison and NCB requires court permission to investigate / ask him.
‘Interim bail / bail’ is when the defendant released from authority, left home, but must work with authority if they need it during further investigation.
(With references and inputs from Vandana Shah’s advocate, and last year’s law students)