After Aryan Khan's bail plea was rejected by a special Mumbai court, he has filed an appeal with the Bombay High Court for the same. The hearing is scheduled for 26 October, and the details of Aryan Khan's bail application says that the NCB's entire case is built on "voluntary" statements and WhatsApp chats that are inadmissible in court.
The plea cites Section 67 of the NDPS act where such statements were considered inadmissible in the Tofan Singh case.
"...apart from inadmissible and illegally obtained material there is absolutely no material against the Applicant to justify his arrest and incarceraton. The entire case of the prosecution is based solely on the statement of the Applicant u/s. 67 NDPS Act, which has been held to be inadmissible in Tofan Singh's case and purported Whatsapp messages purportedly recovered from the mobile phone purportedly seized rom the Applicant in flagrant violation of S. 100 Cr. P. C. and Section 50 NDPS Act and Art 20 of the Constitution of India."
The plea also says that there should be equality in cases such as these, and he shouldn't be given special treatment in any way, but also should not be scrutinised for his social status. "That the bail of the Applicant should not be rejected merely because of the status of the Applicant," the plea further reads.
Arbaaz Merchant, another accused with Aryan Khan has claimed that him and Khan would consume charas together and were on their way to Cordelia ship for the same. Khan has claimed that this evidence procured by the NCB is entirely false.
As far as the WhatsApp chats go, the plea also says that they are based on interpretations by the NCB and are false. The chats have also been deemed ex-facie, or defective without further investigation, and hence their use is "wholly unjustified."
The plea also argues that there has been no actual evidence found against Khan and holding him in custody is not justified. Given that the alleged quantity of drugs found with him was not of commercial quantity, the embargo under Section 37 of the NDPS act would not apply.
Other grounds for bail that the plea talks about includes the fact that Khan had no communication with any of the organisers about drugs, the arrest punchnama did not mention Section 29 (conspiracy) of the NDPS act and this was only added later, and finally, that recoveries from the other accused cannot be pinned on Aryan.
(With inputs from Live Law).
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