On 3rd October, when SRK’s son Aryan Khan was produced before a court in Mumbai, the sections cited in the NCB’s FIR were section 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 that has wide provisions for producing, manufacturing, possessing, selling, purchasing, transporting, using, consuming, importing, exporting any narcotic drug or psychotropic substance.
This section is read with three others:
Section 20 (b)- This section relates to the use of cannabis,
Section 27 that relates to the consumption of any narcotic drug or psychotropic substance,
Section 35 which is the presumption of culpable mental state.
Star kid Aryan was under NCB’s custody for one day and then, on Monday, October 4, his custody was extended to October 7. The period finishes tomorrow. Senior counsel Satish Maneshinde, who is defending Aryan in the matter, is expected to make another application for bail.
However, about Aryan’s possibility to get bail, senior counsel Hitesh Jain believes, “There was an argument advanced in Rhea Chakraborty’s case almost a year ago. It was argued that the offence becomes bailable if the quantity involved is small. The Bombay High Court, in its order, had stated that while it was not a bailable offence, the court was inclined to grant bail in view of the provisions that there is reasonable ground to believe that the accused is not guilty of the offence, and there is no likelihood of her committing another offence under the said act. Relying on chats is a presumption but not enough to draw a conclusion that the person is guilty. It appears that no contraband was found in person. On the twin consideration case for grant of bail can be made out.”
Advocate Ashok Saraogi, a renowned celebrity criminal lawyer, famous for appearing in top criminal and civil cases of India, states, “If the WhatsApp chat that the NCB is talking about is as incriminating as they claim it to be, then Aryan Khan may not get bail. In fact, if his involvement in sale, purchase, and consumption are all proven beyond a reasonable doubt, then he may have to go to jail, too.”