Mumbai : The updates are as follows:-
- ASG: Judgements say that under NDPS act, bail is not the rule but exception. The Supreme Court says it’s a heinous crime worse than culpable homicide and has to be dealt stringently. In Toofan Singh judgement, the provisions would apply only at the stage of trial, not at the stage of bail. The judgement of Toofan Singh (case) will apply only at the stage of trial and not at the stage of bail when investigation is in progress.
2. ASG: Arbaaz Merchant has accepted he had charas in his shoes and he took out the charas from his shoes in a zip lock pouch and it was tested and confirmed as charas. Arbaaz Merchant has confessed that he consumes charas with Aryan Khan and they were going to the cruise to have a blast (party).
3. ASG: We have applied Section 37 as rigours of Section 37 kicks in only when 27 and 28 are applied because of commercial quantity. My contention therefore is that you may not be in physical possession but it has been found from accused number 2 (Arbaaz).
4. ASG while referring to a colourful chart: It was a colourful party. It was October 2. At least they should have left it on this day which is a dry day.
ASG: Ecstasy has been found in commercial quantity, there were a variety of drugs. It cannot be said that these drugs were for personal consumption. That is why we have applied 28 and 29 which is a case of conspiracy. It cannot be a coincidence. There were multiple drugs of different quantities.
5. ASG says that Section 28 and 29 have been applied based on the WhatsApp chat, panchnama, secret note.
Court: On what basis are you claiming he has dealt with commercial quantity?
ASG: I am relying on WhatsApp chat. It shows he had made an attempt to deal with commercial quantity. Not only that, when they were apprehended on the ship, multiple drugs were found with all eight. It cannot be a coincidence. If you see the quantity and the nature of drug it cannot be coincidence.
Court: You are saying there should be cumulative effect?
ASG: We have applied 28 of the Section and the WhatsApp chat cannot be disputed as we have 65B statement.
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