‘Conscious possession’ as Aryan Khan knew friend had drugs: What judge said while rejecting bail plea

Arbaaz Merchant and Aryan were arrested on October 2 at the international cruise terminal.

The bail plea of Aryan Khan was rejected, a special court stated that his friend was travelling with him and they contraband on his companion and that Aryan had knowledge of it. The court termed it as ‘conscious possession’.

As per the developments, no drugs was found with Aryan, however, 6 grams of charas was seized from Arbaaz Merchant. The court also stated their voluntary statements were said they alleged that they were going to devour contraband together in the cruise.

Regarding the WhatsApp chats submitted, the court said that the chats reveals Aryan in conversation with many unknown people related to drugs.

Merchant’s lawyer argued that there was no panchnama to show proof that the phones were seized and the chats can’t be reliable. In reply, the court said a certificate under the Indian Evidence Act was not required in the early stage of investigation followed by NCB’s stating that Aryan and Arbaaz surrendered their phones voluntarily.

The court said Aryan had no previous connections to drugs, but the chats tell a different story that he was getting into ‘illicit drug activities.’

The defence lawyers said that there was no fundamental proof to connect Aryan to the case. The court said all accused are connected in the same thread and that they are just a part of a larger network. They also stated that there might be altering of evidence.

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