Mumbai: ASG Anil Singh, representing Narcotics Control Bureau (NCB), continued to vehemently oppose bail for Aryan Khan in the rave party cruise drugs case.
As the hearing continued on Thursday after being adjourned a day earlier, NCB’s counsel drew a parallel between the rave party case and that of Rhea Chakraborty-Showik case.
The ASG told the special NDPS court that just because no drugs was found with Shah Rukh Khan’s son Aryan does not mean he should get bail. He went on to argue that even in the case of Rhea’s brother Showik Chakraborty, there was no recovery of contraband. But the court had said then that the matter was being investigated.
“The record and the evidence before your honour shows that he (Aryan) is a regular consumer of contraband for last few years. The contraband in possession of Arbaaz Merchant who accompanied Khan was for the consumption of both of them,” Anil Singh said.
“There are provisions in the NDPS Act which have got nothing to do with quantity, so that cannot be the argument to say that the punishment is only for a year. Once the connection is established, then the quantity is not important. My submission is that this is not a case for grant of bail,” Singh stated.
He added that “innocent until proven guilty” does not apply in cases of NDPS offences.
“In the NDPS Act, the presumption is of culpable a mental state, and it is for the accused to prove that he was not in possession during the trial,” Singh stressed.