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Aryan Khan (SRK’s son) drug case

coffee_rules

By coffee_rules
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Mariyam Grand Master

Mariyam

Posted
Posted
1 hour ago, Trichromatic said:

 

Still didn't get it. 

 

People were arrested with small quantity. How can charge of conspiracy be applied based on who went on cruise? 

 

If I go to party with 8 friends and 2 carry drugs, I can be arrested. 

 

Still doesn't make sense. 

The conspiracy charge is dependent on a couple of factors:

1) number of people involved 

2) quantity of drugs 

3) nature of drugs. Hard drugs which have to be developed (or processed) chemically/artificially almost automatically attract more scrutiny.

 

The WA chats were corroborative evidence.

 

 

 

 

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jf1gp_1 Mentor

jf1gp_1

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55 minutes ago, Mariyam said:

The conspiracy charge is dependent on a couple of factors:

1) number of people involved 

2) quantity of drugs 

3) nature of drugs. Hard drugs which have to be developed (or processed) chemically/artificially almost automatically attract more scrutiny.

 

The WA chats were corroborative evidence.

Why was bail granted by HC but not lower court ?

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Alam_dar Enthusiast

Alam_dar

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Posted
1 hour ago, coffee_rules said:

As I had quoted a case of Ragini Dwivedi similar conspiracy charges based on WA msgs with drug dealers, was granted bail after 145 days. 

 

I don't know about the case of Ragini and the WA messages, but the accusations by NCB against Khan on the base of his WA messages of 2018 are ridiculous to the peak. 

By making such accusation, NCB has shown it's own bias. 

 

1 hour ago, coffee_rules said:

Some commoners have spent years in jail to get a bail. 
 

 

Two wrongs are never going to make it right. NCB is wrong in Aryan case. 

 

1 hour ago, coffee_rules said:

 

Don’t know what is fair, it seems like hearing HC gets a wait of a year or two on average. He got a hearing within a week. He got made fairly easily.

 

Again prolonging the Justice is denying the justice.

Why do people want to take a wrong thing as their standard? 

 

1 hour ago, coffee_rules said:

The NDPS act is a very tough in India. And very thin lines of charges of possession can be levied. In this case, the ASG argued in HC said,

 

”Singh further said that Aryan's lawyers have argued bail is a rule, but that is not case under the NDPS Act. “Bail is not a rule. Supreme court judgements say under NDPS act, bail is not the rule, but exception. The SC says it is a heinous crime worse than culpable homicide and has to be dealt with stringently,” he said. “If a person might have not committed a crime but attempted it, that itself is a crime,” the ASG said.”
 

 

Crime has not been proved yet, but only the allegation. And thus here comes the Exception i.e. the Bail. 

And the norms of the Bail was ignored by the state institutions.

Why? 

Due to the RW and LW fight only, while BJP uses the state institutions as only excuse against the illegal harassment. 

 

 

1 hour ago, coffee_rules said:

 

No recovery does not mean the person has not committed the offence. There was no recovery still the person can be held liable,” he 

 

“Singh said if there was no consumption, why should the test be conducted. “My case is of possession. You were found in possession. Aryan Khan was found in conscious possession of contraband. He has accepted it in his statement and panchnam”

 

That is the case - “conscious possession of contraband. ”Aryan admitted to have known where the drug was and did intend to consume it later before they were caught

 

https://www.hindustantimes.com/cities/mumbai-news/aryan-regular-consumer-of-drugs-in-touch-with-peddlers-asg-anil-singh-for-ncb-101635414510167.html

 

You also know that the Jogi Babas have lot of drugs. So, should you also be sent to the jail in case of conscious possession of contraband? 


NCB itself knows thousands of places and people who keep and sell much more quantities of drugs than 5 grams, why then they are not charged with conscious possession of contraband? 

 

All over only the double standards, which are used against the political rivals in order to harass them. 

 

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Trichromatic Mentor

Trichromatic

Posted
Posted
2 hours ago, coffee_rules said:

He didn’t walk out yet. Granted bail, but order will be passed tomorrow and release same day or Sat. 
 

As I had quoted a case of Ragini Dwivedi similar conspiracy charges based on WA msgs with drug dealers, was granted bail after 145 days. 
 

Some commoners have spent years in jail to get a bail. 
 

Don’t know what is fair, it seems like hearing HC gets a wait of a year or two on average. He got a hearing within a week. He got made fairly easily.

 

The NDPS act is a very tough in India. And very thin lines of charges of possession can be levied. In this case, the ASG argued in HC said,

 

”Singh further said that Aryan's lawyers have argued bail is a rule, but that is not case under the NDPS Act. “Bail is not a rule. Supreme court judgements say under NDPS act, bail is not the rule, but exception. The SC says it is a heinous crime worse than culpable homicide and has to be dealt with stringently,” he said. “If a person might have not committed a crime but attempted it, that itself is a crime,” the ASG said.”
 

No recovery does not mean the person has not committed the offence. There was no recovery still the person can be held liable,” he 

 

 

“Singh said if there was no consumption, why should the test be conducted. “My case is of possession. You were found in possession. Aryan Khan was found in conscious possession of contraband. He has accepted it in his statement and panchnam”

 

That is the case - “conscious possession of contraband. ”Aryan admitted to have known where the drug was and did intend to consume it later before they were caught

 

https://www.hindustantimes.com/cities/mumbai-news/aryan-regular-consumer-of-drugs-in-touch-with-peddlers-asg-anil-singh-for-ncb-101635414510167.html

 

 

I don't know details of Ragini's case, but it appears that in her case suspicion of conspiracy were right from start. 

 

It seems case of Aryan Khan first arrest was made and then his phone was checked and based on that charges of conspiracy was applied. 

 

Order in which these things happened is making it uncertain for me form an opinion. 

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Trichromatic Mentor

Trichromatic

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Aryan’s lawyer former Attorney General Mukul Rohtagi urged the high court to go through the NCB arrest memo. He was trying to prove that at the time of his arrest, no charge of international drug mafia conspiracy was levelled against him. These charges were added later, he told the court.

 

NCB has admitted that no drug was found from Aryan’s possession. Then the question arises, what was Aryan’s crime? There are no evidences to substantiate NCB’s arguments that Aryan was part of an international drug syndicate.
 

 

https://www.indiatvnews.com/news/india/how-shahrukh-son-aryan-khan-caught-in-political-crossfire-aaj-ki-baat-episode-october-27-rajat-sharma-blogpost-742551

 

Exactly my point. 

 

There was no charges of conspiracy. There was not caught with drugs. What was basis of arrest initially?

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coffee_rules Grand Master

coffee_rules

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11 hours ago, Trichromatic said:

 

S

If I go to party with 8 friends and 2 carry drugs, I can be arrested. 

. 

If you knew about it beforehand, you can be charged with conscious possession 

 

“

What does the law say?

Section 35 of the Act recognises the ‘presumption of culpable mental state’. Possession need not be physical and could be ‘constructive’. The Supreme Court defines the word ‘conscious’ as “awareness about a particular fact” -- a state of mind which is deliberate or intended. That is, a person can still have power and control over the article in question, while another to whom physical possession is given holds it, subject to that power or control. An illustration of ‘conscious possession’ is if a person keeps his gun in his mother’s flat, which is safer than his own home, he must be considered to be in possession of the firearm.”


https://www.thehindu.com/news/national/explained-what-is-conscious-possession-of-drugs/article37138520.ece

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coffee_rules Grand Master

coffee_rules

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Posted
9 hours ago, Alam_dar said:

 

I don't know about the case of Ragini and the WA messages, but the accusations by NCB against Khan on the base of his WA messages of 2018 are ridiculous to the peak.

 

where did you read about 2018? Your WAU? Why do you think Ananya Pandey was questioned. He was a serial consumer of drugs.

 

9 hours ago, Alam_dar said:

 

By making such accusation, NCB has shown it's own bias. 


 

or used the correct interpretation of law, instead of letting rich Kids go with slap on their wrist and take hafta vasooli forever

 

9 hours ago, Alam_dar said:

 

Two wrongs are never going to make it right. NCB is wrong in Aryan case. 


 

whatever it means! The matter was in subjudice, with NDPS courts to decide. Are you part of of judiciary to pass judgement? 
 

9 hours ago, Alam_dar said:

 

Again prolonging the Justice is denying the justice.

Why do people want to take a wrong thing as their standard? 


 

That is the gold standard for people like you and me. Rich people get powerful lawyers and get hearing in HC within a week.  Yeh dekho

 

9 hours ago, Alam_dar said:

 

Crime has not been proved yet, but only the allegation. And thus here comes the Exception i.e. the Bail. 

And the norms of the Bail was ignored by the state institutions.

Why? 
 

There will be a FIR and it goes through prosecution which has to give out a arrest warrant and police get to arrest and put a person in jail. Bail hearing is not proof of crime, but how culpable your are of crime, assess flight risk and how capable you are to tamper witnesses and evidence. In a lot cases, criminals get bail and come out and kill their witness or victims.  NDPS act is very stringent, bail is an exception, not a norm for drug offenses. 

9 hours ago, Alam_dar said:

Due to the RW and LW fight only, while BJP uses the state institutions as only excuse against the illegal harassment. 


 

seems like you have done PhD on this subject - RW/LW/BJP harping ever since I have read you. BJP has not done anything that others have not done

9 hours ago, Alam_dar said:

 

 

You also know that the Jogi Babas have lot of drugs. So, should you also be sent to the jail in case of conscious possession of contraband? 
 

That is Cannabis used in Bhang. It is not illegal in India when used for religious purposes. Read about Cannabis in Indi articles before you say something ignorantly 

9 hours ago, Alam_dar said:


NCB itself knows thousands of places and people who keep and sell much more quantities of drugs than 5 grams, why then they are not charged with conscious possession of contraband? 

 

All over only the double standards, which are used against the political rivals in order to harass them. 

 


what? You seem to be ranting on? You can’t build a case without catching someone with evidence

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Trichromatic Mentor

Trichromatic

Posted
Posted
4 hours ago, coffee_rules said:

If you knew about it beforehand, you can be charged with conscious possession 

 

“

What does the law say?

Section 35 of the Act recognises the ‘presumption of culpable mental state’. Possession need not be physical and could be ‘constructive’. The Supreme Court defines the word ‘conscious’ as “awareness about a particular fact” -- a state of mind which is deliberate or intended. That is, a person can still have power and control over the article in question, while another to whom physical possession is given holds it, subject to that power or control. An illustration of ‘conscious possession’ is if a person keeps his gun in his mother’s flat, which is safer than his own home, he must be considered to be in possession of the firearm.”


https://www.thehindu.com/news/national/explained-what-is-conscious-possession-of-drugs/article37138520.ece

 

 

Arey bhai wahi to sawaal hai.

 

You're saying that if I knew about it I could be charged with conscious possession. But at time of arrest I should know the basis of this "conscious possession" charge? 

 

How does anyone know that I knew? There has to be a proof. I know thousands of things. How does anyone arresting me knows what I know and what I don't. 

 

Is it that if I know a person and if he is my friend, I must know he is holding drugs, hence I can be charged with conscious possession? Does it make sense?

 

Reminds me of scenario during college days when two guys had fight in lecture hall and one of the dept head was assigned for inquiry. He called me also and asked that if I knew one of the guy earlier. Then he argued that both are you from same city, you must be knowing him from before college days. DIdn't make sense.

 

Similarly, on what basis conscious possession was applied here and he was arrested? How does NCB know that Aryan Khan knew and hence he could be arrested? What was the evidence at time of arrest?

 

Tukka?

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