Reform should be considered when the drug suspect is a youth and lacks precedent for any drug offences, the Bombay High Court recently noted while granting bail to a duo arrested in June after a police raid on a private bungalow in Igatpuri.
This was the ruling that Aryan Khan’s chief lawyer, Amit Desai and Satish Manishinde, cited in their application while applying for bail before the NDPS Special Judge.
According to Judge Bharati Dangri, the Narcotics and Psychotropic Substances Act imposes deterrent penalties on mass traffickers, and addicts, but young people who are arrested for the first time “deserve one chance by restoring their freedom.” india times mentioned.
Read also | ‘Would you do something that would make me proud’: Aryan Khan to NCB’s Wankhede after consultation
“Adolescence and youth are the stages of life, when some may prefer to make irrational and impulsive decisions,” Judge Dangri said. Igatpuri bungalow was rented for a birthday party and the police discovered several people with less than 6gm cocaine, 5gm ganga and 1gm charas during the raid.
There were 27 people in attendance at the party. Traces of cocaine were also detected in the swimming pool, according to police, and blood and urine samples tested positive for consumption.
The son of Bollywood star Shah Rukh Khan, Aryan Khan, and others were recently arrested by the Central Bank after a raid on a Goa-bound cruise ship, on tip-off that a party was to be held on the ship. An NCB team led by District Administrator Sameer Wankedi raided the ship and claimed to have recovered banned drugs. Aryan and other defendants are currently imprisoned.
The men in the Igatpuri case, aged between 27 and 34, were represented by Chief Advocate Abad Ponda, and advocates Kushal Moore, Rishi Bhuta and Anurag Garg, who said the defendants were not informed of their right to search in the presence of the investigating judge. The 27-year-old, who is seeking bail, stated that the cocaine discovered in the bag was intended for consumption only because it was “purely an end-user”. His lawyers argued that it is non-commercial, and therefore the strict rules in granting bail are not attracted to.
Read also | Pooja Bedi calls Aryan Khan ‘innocent child’, netizen says ‘SRK started acting at 23’
And the personal search of the party organizer, the second bail applicant, has not been caught. According to the lawyers, all the contraband was for personal consumption and not for sale or distribution. Bunda urged the Supreme Council to take a reformist approach towards young people who might be tempted by temptation and curiosity about the illegal substance and end up in trouble.
The report stated that Judge Dangri said that the challenge today focuses on the issue of drug addiction among young people and how to address it. “Experimentation with alcohol and drugs is common. Unfortunately, young people do not anticipate the connection between their work today and its consequences tomorrow. It is crucial to uncover the roots of youth and youth, which will necessarily include asking questions, understanding the problems at hand and gaining insight into whether this problem will be eliminated. And how dangerous is its elimination and the disruption of its progress.” The system, adding, “It really is a terrible reality.”
The two were arrested on June 27, and the special trial court refused to release him on bail. After nearly two months in prison, the HC granted them bail on August 24. OHCHR has also claimed that the requirement of Article 50 to inform suspects of their rights has not been fulfilled.
“The suspect must be clearly informed that he has the right to be searched before any of the authorities and, if requested, to be searched in front of them,” Judge Dangri said in the report. The seized drugs also included 1 gram of karas and 6 grams of ginkgo, both of which were small in quantity.
The Supreme Committee also rejected the prosecution’s request, noting that one of the two who brought the substance and presented it to other defendants present at the party “would in no way give him the role of a drug dealer.”