Aryan Khan arrested latest news: In his official statement before the court, Aryan Khan’s lawyer Satish Maneshinde said that no drugs have been seized from Aryan and yet the NCB had demanded his custody. As reported by Times of India, Aryan’s statement to the NCB read, “The panchnama does not indicate anything seized from me except my mobile. My friend was arrested because he had 6gms of charas, with which I was not connected. The drugs that have been seized as mentioned in the remand have not been seized from any one of us. I cannot be roped in with seizure.” With no drugs being seized, why is Aryan still under NCB custody?
What does the law say about people who have not been caught in drugs trafficking but alleged consumption?
In the court during the hearing on Monday, Additional Solicitor General Anil Singh, who appeared for the NCB, argued that even though no drugs have been seized from Aryan, custody is important to investigate the further links. One of the major arguments that the NCB made in the court was alleging that the ‘incriminating material’ was found through Aryan’s WhatsApp chats with drug peddlers. While demanding the custody, Singh said that investigation regarding the payment modes and several codes that were allegedly used during the chat has to be conducted and that’s not possible without custody. “All the accused need to be confronted. 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,” he said.
Does the law differentiate between the quantity of drugs consumed?
In his statement before the court, Arbaaz Merchant‘s lawyer Tareq Sayed said that he has been arrested on the basis of just ‘5 gms’ of drugs that he was ‘allegedly’ going to consume. Should the court then dismiss the NCB’s demand of custody since the quantity of the drugs seized is very low?
As per the amendment made in the NDPS Act in 2001, the punishment varies depending upon the quantity of the drug seized. Earlier, the punishment for possessing 1 gm and 1000 kg drug was the same. However, the NDPS Act now classifies the punishment on the basis of the quantity for trafficking. This also means that the consumers (who usually possess less quantity of drugs) cannot be equated with traffickers (who possess a large quantity of drugs).
NDPS Act: Crime against yourself vs crime against society
As reported by TOI, the court distinguishes between the consumers and the traffickers of the drugs. This means that those who are caught consuming drugs are treated as ‘victims’ whereas the law is harsher for the peddlers who are involved in ‘drug trafficking.’ As per the NDPS Act, drug consumption is an act against yourself while drug trafficking is an act against society.
In this case, while Aryan Khan possessed no drugs, his friend was found with 5 gms of drugs which is considered a small quantity. Further, the demand for custody was made in Aryan’s case to find out if he is connected to traffickers, especially to find out if there are international drug trafficking links, and if he is an addict or not since his medical test reports are not out yet.