Mumbai: The Bombay High Court said that there was “nothing unpleasant” in the WhatsApp chat extracted from the Phone Arya Khan as part of the probe in the case of Mumbai Cruise drugs.
In the order after granting the guarantee for Aryan and the others, the court said: “Only because applicants traveling with cruise ships, they cannot be referred to as a satisfactory foundation to hit the provisions of Part 29 (conspiracy) against applicants – Aryan Khan, Arbaaz Merchant and Munmun Dhamecha.
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Judge Nitin Sambre said, “After going through the WhatsApp chat extracted from the telephone (Arya Khan), nothing could be considered to suggest that – he and Arbaaz – or the three applicants along with other accused people in the agreement have a meeting of mind and possess The hatching conspiracy that committed the violation in question.
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The fact that Aryan Khan was not found to have an unpleasant substance not in disputes, the court said in the order of 14 of his pages.
The court said that “the quantity of drugs seized from ownership (Arbaaz and Munmun), if considered independently, is a small amount, not a debatable fact.”
The NCB has captured the trio on October 3 after the raid on October 2 at the International Cruise Terminal on the confidential information about the alleged Rave Party about the cruise who will leave for Goa from Mumbai.
The NCB case is that he has recovered 6 grams of Charas from Arbaaz and 5 grams of hash from Munmun and arrested eight people that day.
Overall, 20 defendants were arrested in this case, including a commercial number.
Agency, through additional lawyers Anil Singh, relying on the provisions of Section 29 (conspiracy violations) under the NDPS law, however, claiming that “cumulative, commercial number of drugs was arrested” of those accused of this case and it is a bigger conspiracy case And therefore guarantees must be rejected.
“The High Court must be sensitive to the fact that there must be basic material in the form of evidence so as to prove the case of conspiracy to applicants.
The absence of material in the record they have such a meeting of the mind with the accused of others mentioned in the violation of one year for such a violation .
Applicants have suffered detention for almost 25 days, “said Justice Sambre.
He added that the defendant “did not even experience a medical examination to determine whether at the relevant time, they had consumed drugs”.
Arya’s advice to beat Rohatgi, Satish Maneshinde and adviser Arbaaz Amit Desai and Taraq Sayed argue that for a violation of conspiracy, the first must be a meeting of thoughts before the action was carried out.
The High Court said before concluding conspiracy actions, there must be positive evidence about such agreements to carry out actions that violate legal or legitimate actions by a way that violates the law and it must have a meeting of thoughts.
“There is almost no positive evidence to convince this court that all are accused of general intentions agreeing to carry out illegal acts,” said command.
“On the contrary, the investigation carried out until this date shows that (Arya and Arbaaz) traveled regardless of (Munmun) and there was no meeting of mind,” he said.
“There are no ingredients that are noted to conclude that applicants have hatched conspiracies to commit drug violations, so it is difficult to conclude at this stage that they are involved in commercial quantity violations,” holding HC in the reason, released on Saturday.
While Aryan was released on October 30, the other two were released from prison later.
Justice Sampre clarified the position in law and stated that the “statement of recognition” which was recorded based on section 67 narcotics drugs and psychotropic law (NDPS) can be considered only for investigative purposes and “cannot be used as a tool for drawing inference owned by the applicant to violate below Actions like allegedly to them “.
The High Court refers to the decision of the Supreme Court in Toofan Singh who said NCB officers were also police officers and the statement of recognition recorded by them was not evidence that can be accepted and rejected the agency claims that Khan and the other two have “accepted” their involvement.
“As soon as the statement of the recognition of applicants / defendants cannot tie them about violations given the Supreme Court’s assessment in terms of Touphan Singh, the claim applied by respondents (NCB) who accused their people to receive their involvement in responsible crime to be rejected,” he said.
