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'Even if you are not in possession (of drugs) but you are part of the conspiracy, you are punishable under the same section of the law. Aryan Khan was aware that Arbaaz was in possession. Charas was for smoking and it was for the consumption of both, though it was with Arbaaz physically,' ASG Anil Singh told the HC.
Additional Solicitor General of India (ASG) Anil Singh, who represented Narcotics Control Bureau (NCB) in the hearing of bail pleas of accused in the drugs-on-cruise case, told the Bombay high court on Thursday that the case was 'not of consumption, but of possession'.
"Defence has spoken about testing. Why testing? Our case is not of consumption but of possession. Accused 1 Aryan Khan was in conscious possession of drugs," Singh argued on behalf of NCB.
He argued that becoming a part of the conspiracy is also a punishable offence under the same section of the law.
Aryan Khan, Arbaz Merchant, and Munmun Dhamecha were granted bail by the court on Thursday.
Singh said in his arguments before the court that Arbaaz is Aryan Khan's childhood friend.
"Even if you are not in possession (of drugs) but you are part of the conspiracy, then you are punishable under the same section of the law," he said.
"If we relied upon WhatsApp chat, he (Aryan Khan) had made an attempt to deal in commercial quantity (of drugs). Ecstasy was of commercial quantity. It can't be said that the drug was for personal consumption," he added.
Singh further said that Aryan was aware that Arbaaz was in possession of drugs.
"Aryan Khan was aware that Arbaaz was in possession. Charas was for smoking and it was for the consumption of both, though it was with Arbaaz physically," Singh said.
He said the arrest memo also mentioned commercial quantity (of drugs) and it also mentions that 'he (Aryan Khan) had a connection with commercial quantity'.
Refuting submissions before the court made by the lawyers of the accused, Singh said the 'arrest is legal'.
"Conspiracy is difficult to prove, the conspirators know how they conspired. I leave it to the conscience of the court," he said in his concluding arguments.
Rohatgi, representing Aryan Khan, also made his final submissions before the court and said that Aryan did not know anybody on the ship except Arbaaz and Achit.
"Khan knew nobody on the ship except for Arbaaz and Achit," he said.
He said Achit was arrested after four days of Aryan.
"He was said to be a dealer and had 2.4 gms (of drug). A dealer should have 200 grams."
Aryan along with Arbaaz Merchant and model Munmun Dhamecha were arrested on October 3 and remanded to NCB custody till the next day.
Rohatgi had on Tuesday refuted the charges of possession of drugs against his client. He told the court that there was 'no case of possession of drugs' against Aryan Khan, he was arrested wrongly arrested and 'it was a fit case for bail'.