Why Was Aryan Khan Arrested When No Drugs Were Found With Him? Here's What The Law Says

Aryan Khan's advocate Satish Maneshinde, who had earlier represented Rhea Chakraborty, has stated that no drug was recovered from his client. However, the Narcotics Control Bureau (NCB) has still sought his custody. Here's why.

BCCL

In the statement quoted by PTI, Maneshinde said, "No incriminating material has been recovered from him (Aryan Khan). There is no possession or evidence of consumption."

"Although the sections under which Aryan Khan has been booked are all bailable offences, I am willing to settle for one day's NCB custody so that we can file for bail before the regular court," he added.

BCCL

In his statement to NCB, Aryan said, "The panchnama does not indicate anything seized from me except my mobile. My friend was arrested because he had 6 gms of charas, with which even I was not connected."

For the unversed, 6 grams of Charas was found in Arbaaz Merchant's shoes, as per NCB officials.

Also Read: From Arbaaz Merchantt To Munmun Dhamecha, Here Are Details Of 7 Others Arrested With Aryan Khan

BCCL

Arbaaz's lawyer told TOI, "They have said that they found 5 grams of charas from Arbaaz Merchant¡¯s shoes. But why is there a need for custody when they found only a small quantity? He has said that he was going to smoke that charas on the ship. What do they need to investigate about this clear and simple case of consumption?"

Why have they been detained?

BCCL

They all have been detained so that the NCB can investigate further links, which means the agency wants to know about the drug peddlers. Aryan's statement further reads, "Upon further interrogation, they have downloaded my WhatsApp chats. While I was abroad, they claim that my chats indicate international drug trafficking. The entire period of my stay abroad, I have not been involved in any trafficking, supply, or distribution".

What does the law say about drug traffickers and consumers?

BCCL

The NCB in the court has also alleged that "incriminating material" has been found via Aryan's chat which involves payment modes and several codes.

"Just because he was not found in possession doesn¡¯t make him innocent. The international transactions need to be investigated. The person may not be found with commercial quantity but then custody is required to find out the chain or links. Where is the financing made, who is the source, all this needs to be found out," Additional Solicitor General Anil Singh who appeared for NCB said.

BCCL

The TOI report quotes a senior lawyer who explains that the court differentiates between consumers and the traffickers post the amendment of the NDPS act in 2001.

This implies that those who are caught consuming drugs are victims. However, those who have ample amounts of drugs are drug traffickers. Earlier, the punishment for possessing 1 gm and 1000 kg drug was the same. However, now consumers cannot be equated with traffickers.