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Home›Whatsapp›NCB Opposes Aachit Kumar’s Bail Request, Cites WhatsApp Talks With Aryan Khan In Drug Trafficking Case

NCB Opposes Aachit Kumar’s Bail Request, Cites WhatsApp Talks With Aryan Khan In Drug Trafficking Case

By Shirley J. Speights
October 22, 2021
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The Narcotics Control Bureau (BNC) opposed the bail application for Aachit Kumar, who the agency said is a supplier of drugs, in a special court in connection with the drug traffic.

Aachit Kumar was arrested by BCN on October 6 after his name was leaked by Aryan Khan and his friend Arbaaz Merchantt. According to the NCB, it was Aachit Kumar, who sometimes provided ganja or weed for Aryan Khan and Arbaz Merchantt. In Aachit Kumar’s possession, the agency would have “seized 2.6 g of green leafy substance, which is said to be ganja”.

Thursday, Aachit Kumar had filed a request for release on bail through his lawyer Ashwin Thool. BCN Special Prosecutor Advait Sethna spoke out against granting bail to Aachit Kumar on Friday.

“He (Thool) portrayed a beautiful smokescreen or mirror of innocence. Let’s get rid of the smokescreen. I don’t want to get into the rhetoric. Let’s let the evidence speak. Look at the corroborating evidence in the NCB dossier that links Aachit Kumar to Aryan Khan and Arbaaz Mechant about the court that has already issued an order, ”Sethna said.

In the bail plea, Ashwin Thool argued that Aachit Kumar was studying in the UK (UK) and was only here due to the lockdown and as he was arrested with a small amount of drug, he cannot be labeled as a drug dealer.

To this, Sethna said: “In the UK, drug use is not taken lightly either. There is more than what happens with the naked eye and you have to endure the consequences of the law. He was a drug supplier. We are not talking about sophisticated English. for the moment.”

Aachit Kumar’s lawyer, Ashwin Thool, had pointed out that there were no witnesses and that the mandatory procedure for the panchanama had not been followed.

In response to this, Sethna pointed out that “He (Thool) made the same argument of illegal detention in the district court and it was rejected by that court. He again made the same arguments in your court without challenging this order. The magistrate had seen the arrest note and the signatures on it and found no problem with the arrest procedure. “

“Our case (NCB) has a common thread, it is a conspiracy. We have a lot of evidence and evidence to show that all the defendants are inextricably linked to each other. All arguments remain the same on which the judgment has already been handed down by the court, “Sethna said.

NCB cites Aachit Kumar-Aryan Khan’s WhatsApp chats discussing drugs

Investigator VV Singh showed incriminating material to Judge VV Patil Sehna and said: “From this material, please ensure that the bulk quantity was mentioned. This is the present applicant (Aachit Kumar) along with the others who is Aryan Khan. Please go via Bulk Order Reference, which I will also post from your order. “

Thool had argued that Aachit Kumar was arrested with only a small amount of contraband intended for personal consumption. However, Sethna said that “the investigation revealed that he was using contraband which is something other than personal consumption. It is his responsibility to show that it is for personal consumption that he has not at all. made”.

“In a conspiracy where different people form a chain, at first glance, would the agency be able to identify what role each conspirator plays alone? In a conspiracy, you are an accomplice, an accomplice. It’s almost impossible to tell. now like that is on a better basis. It will lead to injustice. Segregation of roles will lead to injustice unless if the court has come to the conclusion that the conspiracy argument is not well-founded, then there is nothing to be done, “Sethna says.

READ ALSO | Case of lack of proof, NCB misinterpreting WhatsApp discussions: Aryan Khan in bail application filed in Bombay High Court

BCN opposes bail plea for two other defendants

The BCN also opposed the bail application of two other defendants – Manish Rajgadiya and Avin Sahu – who were arrested in connection with the drug trafficking case.

Arguing against granting bail to two other defendants, Rajgadiya and Sahu, Sethna said: “The law says that even if a person is not found in a state of recovery, the quantity is absolutely irrelevant. In a case like this, they’re all part of the same thread. “He said the cruise ship was initially docked and the ship was ordered not to sail. Despite instructions, the ship sailed.

“After his return, these people were arrested. The fact is that illegal activities continued contrary to NDPS law, these people were intercepted,” Sethna said.

Rajgadiya and Sahu were guests who were arrested during the cruise. “The guest himself had accepted that he was using drugs and had been in conscious possession of them,” Sethna said.

To this, lawyer Sana Khan, representing Avin Sahu, said that Sahu “cannot be further incarcerated under the guise of a common thread, especially when there is no progress in the investigation regarding concerns the present applicant “.

“The conspiracy cannot be presumed by unrelated facts and conduct without any reasonable connection. Conspiracy charges cannot be made against the plaintiff in the absence of any independent evidence against him and when no reasonable connection can be established. Recoveries from other defendants are independent recoveries, “said Sana Khan

Sana Khan said the other defendants have only become a “scapegoat” as the case has become high profile due to some people involved. She added that even if Sahu has no criminal history but continues to be incarcerated in such a case in the company of hardened criminals at such a young age, he could become a hardened criminal. This will have a deleterious effect on Sahu’s life and career, Sana Khan said.

Meanwhile, Rajgadiya’s attorney also pleaded for bail while Aachit Kumar’s attorney Took said he would discuss further on Tuesday.

READ ALSO | Mumbai drug case: Ananya Panday grilled by NCB for 4 hours, summoned again on October 25


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