Alka Verma –
Published On: October 8, 2021 at 18:24 IST
A Court in Mumbai started the hearing on the Bail Plea filed by Aryan Khan, Arbaaz Merchant and Munmun Dhamecha.
During the hearing, NCB opposed the Plea and stated before the Court that the Plea is not maintainable and also it is misconceived.
Adding to it, NCB stated that the offences against the accused are exclusively subjected to get tried in a Special NDPS Court.
In response of this, ASG Anil Singh, cited the judgement of TK Latika Vs Seth Karsandas Jamnadas, and argued to decide the preliminary first.
Adding to this, he also stated that if the Court directly comes to the conclusion that the application is not maintainable, then there is no point in going into the merits of the case.
“I am surprised that my senior is citing a civil judgement in a criminal case,” replied Advocate Sayyed, representing Arbaaz Merchant.
On the other hand, Advocate Maneshinde who was representing Aryan Khan stated that the Court can consider the Bail Application as the bar under the Section 37 of the NDPS Act does not apply in the instant cases.
Adding to it, he also argued that Section 36A of the NDPS Act, which states that offences leading 3 or more than 3 years of imprisonment is tried by Special Courts, is not applied to this case.
Moreover, he also stated that the embargo for Bail under Section 37 of the Narcotic Drugs and Psychotropic Substances, Act would not apply as Aryan is not accused of the consumption of drugs.
“There is no material (against me), even in messages. I am a 23-year-old with no prior antecedents. I happen to be from Bollywood. I went on an invitation, refused when asked if I have drugs. Data from my mobile has been retrieved and sent for forensics. I have been found with nothing, not an ounce but so much capital is being made out of it,” argued Maneshinde on behalf of Aryan.
Maneshinde also quoted the judgement delivered by Bombay High Court in Harsh Shailesh Shah Vs State of Maharashtra where the Court choose reformative approach towards the first-time offenders.
The case is all about the arrest of Aryan Khan, Arbaaz Merchant and Munmun Dhamecha in their connection with the cruise rave party from where Drugs were seized.
All three of them are booked under Sections 8(c), 20, 27, and 35 of the Narcotics Drugs and Psychotropic Substances Act, 1985.