Abey toh kya hua? Have you just been ignoring everything said in the comments so far?
If you think that is to be adjudged at the trial stage:
(a) what do you think is used to assess the prima facie case?
(b) how do you make any assessment at bail stage then? Consequently, a person ought to remain in jail just because trial has not commenced (which could be as long as 5 years in many cases - I'm personally handling multiple such). That's against what the SC has repeatedly held anyway.
(c) or is your argument that even inadmissible evidence ought to be considered for 'prima facie' assessment, even if such evidence is not to be used in any legal proceeding? Do you not see the absurdity of it? Stay in jail for a while based on evidence which is not allowed to be used, we'll acquit you later.
(d) have you really practiced criminal law ever? Or be actually thorough with it for that matter? Forget it, did you even graduate law school? Because frankly na CrPC ata hai na Evidence Act.
No. I'm saying there's no legally admissible evidence. I'm not saying that it doesn't meet the beyond reasonable doubt standard, I'm saying there's nothing at all. The things that exist are not admissible, and thus for all legal purposes, do not really exist.
The issue relates to prima facie opinion for continuing the remand. The matter has not yet reached the trial. Going by your logic, a prima facie case can never be made out unless the proof is beyond reasonable doubt.
>1. Another accused has confessed of the plans to take drugs along with Aryan Khan.
Could you please read out Section 25 Indian Evidence Act for me?
>2. Aryan Khan was present in the company of the accused in whose possession drugs were found.
I know of many lawyers who carry 'stuff' with them to the HC & SC. So if they are briefing a senior while in possession, the senior is also to be taken into custody? Hmmm. Guess we started having implied vicarious liability in criminal law this month.
>3. Aryan Khan's whatsapp chats.
Case illegal chatting ka hai ya drugs possession ka?
Let's please be serious for a moment and think like lawyers and not kid ourselves.
1. Another accused has confessed of the plans to take drugs along with Aryan Khan. 2. Aryan Khan was present in the company of the accused in whose possession drugs were found. 3. Aryan Khan's whatsapp chats.
"unsubstantiated reports of what went down in the court room"
Are you trying to say the reports about the submissions made by the state are incorrect? The State actually submitted something else but the media misreported it? Or state orally submitted something other than what was on the record?
Also, from where in my comment do you infer equating prima facie with beyond reasonable doubt? Kuch bhi bolna hai ya zabardasti ka strawman bana rahe ho?
Possession hai nahi, consumption hai nahi, whatsapp chats ke basis pe custody le rakhi hai. Kabhi criminal case handle kiya hai toh samajh jaoge. Pehle graduate ho jao.
Bhai/behen, if you have to make two comments pretending to be two separate persons, at least make them at different times.
Regardless, no. I do not mean to say that. I'm saying the reasons he has assigned are not good enough to deny a person liberty, and the reasons are shoddy. If you think that's the same as attacking the judge, or are trying to make a bait in that direction, I don't see the point of continuing this discussion.
Just because he is SRK's son he shouldn't he hurt.
Kab bola usne? The comment says if you want to punish people for drugs, punish everyone in India's colleges doing that - not just SRK's son.
Quote:
don't create aura that all students r like this 85% indian studnt can't even afford the drugs these people take on daily base better do some homework.
Ganja phook raha tha, 20 rs mein milta hai. MDMA costs more for sure, but there are ten other cheap alternatives to it that can be gotten from any pharmacy shop at 1/100th the price. (Btw, MDMA at 2k a tablet is also used across India's 'elite' colleges during 'fests' just so you know.) Punjab mein youth daily dendrite phook te hai (as dangerous as MDMA or LSD). But no, we're not interested in solving the drug problem. We're interested in demonizing rich kids.
Another instance of jumping the gun. Bhaiyya / didi is making too many assumptions based on unsubstantiated reports of what went down in the court room. Prima facie evidence to saaf saaf dikh raha hai remand ke liye. Ab vakeel sahab ke hisaab se prima facie ka standard beyond reasonable doubt hona chahiye to lagta hai vakeel sahab is desh ke legal system mein kranti layenge.
Prosecution is still supposed to discharge the burden of proof, albeit at a 'prima facie' standard (the critiques of that approach aside), at the stage of bail also.
Frankly, how else do you think it works? State gets to keep citizens in custody without any evidence by claiming "hurr durr chargesheet nahi hai abhi". This is 437/439, not 167(2).
And many of us have formed the opinion not based on 'media reports', but on reports of what went down in the courtroom. The submissions the State made. You know, the OFFICIAL STANCE OF THE STATE.
Tum corporate wale criminal law se door hi raha karo, nahi ho pata tumse.
Absolutely. At NLUs, students take drugs right in front of the admin block in open space (sometimes the clouds you see above are not even real clouds). At NLU, people who take Drugs desperately want to be known in the public that they take drugs and even mention it in publications and CV, We even greet people by saying Injection/marega? Overall, Kaafi parivarik mahol hai.
On a serious note, how else are they supposed to take drugs so it be known as drug culture???
Given he was caught with small quantities. He should have just plead that he was an addict. Sent himself to rehab and sorted it out. It would have been much better from a PR angle and this whole circus would have been avoided. Only people who benefit here are the lawyers.
Also, who sends the ASG to Magistrate's court? The poor ASG for Maharashtra. The things that this Government makes him do I swear!
Bhaiya/didi, drugs are not a culture at IIT Kgp. Drugs are taken in closed rooms. Those who take drugs do not want to be known in public that they are doing so. On my hostel floor (which had >70 residents), none took drugs.
This has become a RW/trad/BJP vs LW/woke/Congress issue. The first side thinks he is as bad as Osama Bin Laden, the second side thinks he is an angel like Mother Teresa.
There is no room for middle ground and logic in today's world. Both wokes and trads need to chill.
Trial abhi shuru hai nahiin hai, chargesheet file huyi nahiin hai... Vakeel sahab abhi se burden of proof not being discharged ki baat kar rahe hein aur wo bhi media reports par based. Arnab Goswami se vakalat seekhi hai kya?
Y u guys have so.much problem of the ones who have done are being punished ? Just because he is srk's son he shouldn't he hurt.
Stupid people like u don't let india get developed because of illiterate poor uneducated looaers like you. People like u being treated like shit by these stars n den also you guys run after them??
Have u any self respect?? If this guy wouldn't have been punished u would have said if rich do crime they aren't punished. Don't create that aura that he is innocent. I don't know wdr u r paid or not but don't create aura that all students r like this 85% indian studnt can't even afford the drugs these people take on daily base better do some homework.
IIT KGP trained lawyer, heh. I know many alum from the real IIT KGP who did drugs while they were there, just like people from NLUs. In secrecy, really? What are they supposed to do, wear a T-shirt with the legend, I am a stoner? You don't seem to be a very good lawyer to have made that argument.
As a lawyer, hopefully yes, I am supposed to be pointing out when the prosecution aren't discharging the burden of proof. You are clearly not up to the task yet.
Why does the NDPS Act treat “soft” and “hard” drugs in a similar manner. So potentially a dealer in “soft” drugs move to “hard” drugs because the punishment is the same but the profit margins are higher for the “hard” drugs. And should “soft” drugs be legalized for medicinal purposes? Finally, is the consumption of bhang during Holi illegal under this Act.
Mundra bust was done by dri and now probe is under Nia, already 10+ arrests
NCB arrested others too but they aren't famous as this kids, news org are trp hungry and Bollywood is also built on trp. Nobody is losing anything except fanboys.
Two points: 1 How long do the drugs stay in the system. A few hours? A few days? So potentially a person can consume a drug in a country where it is legal and still test positive in India where it is illegal. 2 if there is no possession, and the arrest was not made on the cruise liner does this mean that the consumption took place in the boarding area in front of all the security personnel?
Left liberals will prefer it if the courts don't forget of bail being a matter of right beyond a point for the accused in every case. RWs will prefer that courts forget about that in specific cases only.
Is he wrong? Yes, I'm sure Aryan Khan wasn't drinking dahi sharbat on a cruise in Mumbai while having a blast with his friends.
Is he the only one who's wrong? Heck no, 70% of the youth in India's colleges can be arrested on the exact same ground on any given day.
Is the media playing distraction-distraction? Definitely, that's what journalism has been reduced to these days.
Do certain crimes deserve more news than others? Yes, it's not whataboutery to ask questions about the road rage incident by son of an elected minister. There's an entire jurisprudence on 'harmless crimes' on this topic.
NCB guys are literally after a kid cause he smoked some charas and wanted to get high?
Let's not normalize drug abuse at least? Many first and second years frequent this website and they could do without being told how "usual" drug abuse is. At best, Aryan's case could be an exemplary story parents will probably tell their tweens.
Quote:
Why isn't half the population of IIT's/IIM's and NLU's + Private colleges locked up yet?
You do know there have been many, many examples of police hauling these students up but being forced to let them go because of college authorities and political contacts. Crackdowns regularly happen, conducted by college authorities themselves, so I can suggest at least college bodies are responsible for their students, if not the government.
I would rather focus on the hundreds of people who are being unfairly targeted every day in different parts of the country by those in power (regardless of political affiliation) and lack privilege to combat that successfully, unlike a celeb brat who has got every possible advantage in life.
So far, the authorities have been unable to provide any proof of him having used, bought or sold drugs, but seem hell-bent on proving his connections with an international drug trafficking ring. I wish everyone would have been equal in the eyes of the law. Such as the murderer son of the corrupt BJP minister in UP.
Yes, and without the strawman argument of "but what about the 10,00000kg of drugs at aDaNI port". I mean, lets be honest here, some singham inspired NCB guys are literally after a kid cause he smoked some charas and wanted to get high? Why isn't half the population of IIT's/IIM's and NLU's + Private colleges locked up yet? Does the govt. really care ? If yes, then the video of that sulochan kid isn't even that old and there are countless like him roaming the streets of your nearest railway station. As for the media, they are barely helping anyone but Aryan Khan's PR by stretching this into a witch hunt.
If you think that is to be adjudged at the trial stage:
(a) what do you think is used to assess the prima facie case?
(b) how do you make any assessment at bail stage then? Consequently, a person ought to remain in jail just because trial has not commenced (which could be as long as 5 years in many cases - I'm personally handling multiple such). That's against what the SC has repeatedly held anyway.
(c) or is your argument that even inadmissible evidence ought to be considered for 'prima facie' assessment, even if such evidence is not to be used in any legal proceeding? Do you not see the absurdity of it? Stay in jail for a while based on evidence which is not allowed to be used, we'll acquit you later.
(d) have you really practiced criminal law ever? Or be actually thorough with it for that matter? Forget it, did you even graduate law school? Because frankly na CrPC ata hai na Evidence Act.
NLU student crowd is not a good sample size to generalise for the entire country.
Could you please read out Section 25 Indian Evidence Act for me?
>2. Aryan Khan was present in the company of the accused in whose possession drugs were found.
I know of many lawyers who carry 'stuff' with them to the HC & SC. So if they are briefing a senior while in possession, the senior is also to be taken into custody? Hmmm. Guess we started having implied vicarious liability in criminal law this month.
>3. Aryan Khan's whatsapp chats.
Case illegal chatting ka hai ya drugs possession ka?
Let's please be serious for a moment and think like lawyers and not kid ourselves.
2. Aryan Khan was present in the company of the accused in whose possession drugs were found.
3. Aryan Khan's whatsapp chats.
These are enough for a prima facie case.
Are you trying to say the reports about the submissions made by the state are incorrect? The State actually submitted something else but the media misreported it? Or state orally submitted something other than what was on the record?
Also, from where in my comment do you infer equating prima facie with beyond reasonable doubt? Kuch bhi bolna hai ya zabardasti ka strawman bana rahe ho?
Possession hai nahi, consumption hai nahi, whatsapp chats ke basis pe custody le rakhi hai. Kabhi criminal case handle kiya hai toh samajh jaoge. Pehle graduate ho jao.
Regardless, no. I do not mean to say that. I'm saying the reasons he has assigned are not good enough to deny a person liberty, and the reasons are shoddy. If you think that's the same as attacking the judge, or are trying to make a bait in that direction, I don't see the point of continuing this discussion.
Quote: Ganja phook raha tha, 20 rs mein milta hai. MDMA costs more for sure, but there are ten other cheap alternatives to it that can be gotten from any pharmacy shop at 1/100th the price. (Btw, MDMA at 2k a tablet is also used across India's 'elite' colleges during 'fests' just so you know.) Punjab mein youth daily dendrite phook te hai (as dangerous as MDMA or LSD). But no, we're not interested in solving the drug problem. We're interested in demonizing rich kids.
Prima facie evidence to saaf saaf dikh raha hai remand ke liye. Ab vakeel sahab ke hisaab se prima facie ka standard beyond reasonable doubt hona chahiye to lagta hai vakeel sahab is desh ke legal system mein kranti layenge.
Excellent!
You mean to say that the judge is shoddy? He denied bail without any reason?
Frankly, how else do you think it works? State gets to keep citizens in custody without any evidence by claiming "hurr durr chargesheet nahi hai abhi". This is 437/439, not 167(2).
And many of us have formed the opinion not based on 'media reports', but on reports of what went down in the courtroom. The submissions the State made. You know, the OFFICIAL STANCE OF THE STATE.
Tum corporate wale criminal law se door hi raha karo, nahi ho pata tumse.
On a serious note, how else are they supposed to take drugs so it be known as drug culture???
Also, who sends the ASG to Magistrate's court? The poor ASG for Maharashtra. The things that this Government makes him do I swear!
There is no room for middle ground and logic in today's world. Both wokes and trads need to chill.
Arnab Goswami se vakalat seekhi hai kya?
Stupid people like u don't let india get developed because of illiterate poor uneducated looaers like you. People like u being treated like shit by these stars n den also you guys run after them??
Have u any self respect?? If this guy wouldn't have been punished u would have said if rich do crime they aren't punished. Don't create that aura that he is innocent. I don't know wdr u r paid or not but don't create aura that all students r like this 85% indian studnt can't even afford the drugs these people take on daily base better do some homework.
And should “soft” drugs be legalized for medicinal purposes?
Finally, is the consumption of bhang during Holi illegal under this Act.
NCB arrested others too but they aren't famous as this kids, news org are trp hungry and Bollywood is also built on trp. Nobody is losing anything except fanboys.
1 How long do the drugs stay in the system. A few hours? A few days? So potentially a person can consume a drug in a country where it is legal and still test positive in India where it is illegal.
2 if there is no possession, and the arrest was not made on the cruise liner does this mean that the consumption took place in the boarding area in front of all the security personnel?
Following this logic bhakt beloved SSR would be in jail for life.
Is he the only one who's wrong? Heck no, 70% of the youth in India's colleges can be arrested on the exact same ground on any given day.
Is the media playing distraction-distraction? Definitely, that's what journalism has been reduced to these days.
Do certain crimes deserve more news than others? Yes, it's not whataboutery to ask questions about the road rage incident by son of an elected minister. There's an entire jurisprudence on 'harmless crimes' on this topic.
Quote:
Quote: Let's not normalize drug abuse at least? Many first and second years frequent this website and they could do without being told how "usual" drug abuse is. At best, Aryan's case could be an exemplary story parents will probably tell their tweens.
Quote: You do know there have been many, many examples of police hauling these students up but being forced to let them go because of college authorities and political contacts. Crackdowns regularly happen, conducted by college authorities themselves, so I can suggest at least college bodies are responsible for their students, if not the government.
https://www.ndtv.com/india-news/court-rejects-actor-armaan-kohlis-bail-plea-in-drugs-case-2575676