Mumbai: The Narcotics Control Bureau special counsel, ASG Anil Singh Singh, who concluded his submissions on Thursday, said Aryan Khan’s bail plea was misconceived at this stage as investigations are still on and the agency is seeking help of the Ministry of External Affairs to probe Khan’s alleged foreign contact and chats to probe an alleged international connection. He also said that since there is a commercial quantity of drugs recovered from other accused, the fetters on bail would apply under Section 37 of the Narcotics Drug and Psychotropic Substances (NDPS) Act. The section makes it difficult for bail to be granted when an offence involves commercial quantity. The ASG also denied Khan’s submissions of no possession, as he said that since Merchant was found with charas and both admitted to wanting to smoke it, it became his “conscious possession.”
Desai said not only was no drug found on Khan, the alleged statements, both of which have been retracted, at best speak of future consumption of small quantities of charas, a drug legal in many countries for small quantities. Desai added, “Abdul Shaikh (from whom commercial quantity was allegedly recovered) was named by another accused who Khan and Merchant have no connection with, and they cannot be dragged into or made part of such conspiracy now when their arrest did not involve any abetment or conspiracy allegation.”
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