Mumbai Aryan Khan will be in Mumbai’s Arthur Road Jail till October 20 when the special NDPS court would pronounce its verdict on his bail application in the drugs-on-cruise case.
The 23-year-old has been in custody since October 2 when Narcotics Control Bureau (NBC) raided the Goa-bound cruise ship and reportedly seized cocaine, mephedrone, MDMA and ecstasy.
Aryan’s bail was first rejected by a magistrate court last week and then the special court reserved the order for one whole week.
“If they want to give him bail, it can be done right away, even on public holidays,” said former Attorney General of India (AGI) Mukul Rohatgi.
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He further said that Aryan is paying the price for being a celebrity. “It’s incredible that someone remains inside (jail) for so many days without seizure of drugs or any other proof. No medical examination, so no consumption. How can he be held in custody when the maximum sentence would be one year, assuming he was found with drugs,” he asserted on a private news channel.
Aryan has been arrested under Section 8(c), 20(b), 27 and 35 of the Narcotic Drugs and Psychotropic Substances Act (DPS), 1985. The basis of his arrest was “shocking and incriminating” materials in his Whatsapp chats.
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“WhatsApp chats are no evidence unless due procedures of law are followed… Confessions of an accused are not admissible as evidence without proper safeguards…,” he added.
Rohatgi further said that the law clearly states that “bail is the norm, jail is an exception”.
In 1977, Supreme Court too ruled that bail should be the “rule” for the accused and that they should be sent to jail only in exceptional circumstances.
Rohatgi also trashed the NCB’s dark theories of “international conspiracy”.
Maharashtra Chief Minister Uddhav Thackeray in his Dusshera address had also slammed the NCB without taking its name. “All they are interested in is to catch celebrities, get their pictures clicked and make some noise,” Thackeray was quoted by news agency ANI.
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