Originally posted by: return_to_hades
The prosecution has the burden of proof to prove beyond a reasonable doubt that the accused possessed the drugs and that the NCB busted them in a legal drug bust that followed protocol by the book. The defense has the right to presumed innocence, bail, and the ability to work with their lawyers on their side of the story as a free person unless convicted.
There is a reason we have legal proceedings instead of making an arbitrary judgment by statements released by either party. A lot being said on both sides is preliminary and has to go through the trial process that scrutinizes the claims and their legal standings.
First thing in this entire fiasco. We couldn't get to the point of having a rationale discussion of prosecution vs accused. Because certain members made such vile conspiracy theories from the get go. You cannot reason with such people who are blindly making bizarre insinuations and not ready to listen to facts in hand. Some people here are so consumed with their conspiracy theories that they cannot process facts and legal proceedings.
This entire case is under preliminary investigation. Aryan has not been charged with anything as of yet. The case has not even gone under Trial. Chargesheet has no even been filled. The case has been following the law to the T. Its not NCB and Court fault on what audiences of both sides makes perception out of it. They are more concerned about following law and procedure as it is.
Originally posted by: return_to_hades The larger question for Indian society as a whole is - should we continue to treat marijuana a non-habit-forming, relatively non-toxic, substance that may have therapeutic benefits and is being legalized over the world as illegal? Just a little over 30 years ago, it was completely legal in India. And it is one of the most prolifically used drugs. I bet that there are dozens of people we all know who habitually or occasionally use it.
Now we all know NDPS act is draconian and it needs reform. However its a discussion to be taken on another day. We for now would have to discuss the case as it is. Hoping that NDPS act will make requisite amendments.
Originally posted by: return_to_hades I am all for Aryan Khan receiving a fair trial and bearing the consequences of any illegal activity once proven beyond a reasonable doubt in court. I am against monitoring and bullying of private citizens to show them "who's the boss." And frankly drug law across the world needs serious reform.
Aryan Khan is not only receiving fair trial but he is getting a speedy trial. Unfortunately.. Indian Judiciary is in such a really bad state where 70% of prisoners are undertrials. So Aryan getting to a trial within few days of his arrest is even beyond favorable situation for him. Plus for the fact he was able to afford the best criminal lawyer team in India so be assured there is nothing conspiring happening.
I don't understand the bold part where and what this monitoring and bullying private citizens is coming from, would need more details on that point.
Originally posted by: return_to_hades You cannot deny a person their legal right to bail to coerce information. Even local dealers are often far removed from the cartels, let alone allegedly recreational users. I would also say that 2988 kg of heroin probably merits far more attention than a few grams of weed. I mean even if it was a few kilos of weed the heroin should take precedence.
1. He is not being falsely denied bail. NCB/Lawyer/Judge/Court/Judiciary would be legally liable if that was the case. If they are wrong.. justice will be served for Aryan by High Court and Supreme Court. Let the law take it course. But people have already made prior judgements even before case going under Trial.
2. Whose fault is that people are not tracking 2988 kg of heroin development. Media wants to show what people wants to see. Aryan news is getting them TRP. But in case anyone wants to know what is happening on Mundra port case can google and get latest developments. Atleast I'm keeping tabs there as well..
Sept 13 - Seized Container by DRI
Sept 17 - Andhra Couple arrested from Tamil Nady -DRI Custody
Sept 20 - Following up on couple interrogation DRI Seized 16 kg heroin from Delhi and 10 Kg Cocaine, 11 KG Heroin from Noida
Sept 22 - 4 Afghani, 1 Uzbeki and 1 Indians were arrested
Sept 24 - DRI requested extension but were granted 1 day after that they were sent to Judicial Custody
Sept 26 - Key accused arrested sent to DRI custody till Oct 4
Oct 4 - Key accused sent to 14-day judicial custody
Oct 6 - NIA taken over the investigation
Oct 8 - Searches were conducted in Chennai, Coimbatore, Vijaywada
Oct 10 - Joint raid conducted by NIA and ED at 9 locations in Amritsar
Oct 12 - NIA raids at 5 locations in Delhi and UP in connection with the seizure of 3,000 kg heroin from Gujarat’s Mundra Port
Oct 19 - 3 Key accused sent to 10-day NIA Custody; Links to fuel terrorism in country suspected
Oct 20 - NIA seized another consignment suspected to containing drugs from New Delhi based interrogation inputs
Originally posted by: return_to_hades Exactly what everyone should be asking. What did the court see to deny bail? And instead of blindly accepting the court's decision as legal and binding we should question and probe why someone's legal right to bail is being denied. The system is supposed to have checks and balances. Today you stand by and accept someone being stripped of their rights - tomorrow you or your loved ones could be stripped of their rights. Always question when due process is not followed, especially by those in power. You at this point going off road now.. making same points as if this is some big conspiracy. Case is in preliminary investigation. The details of this case cannot be revealed when Investigation is going on. As you also said Prosecution has the burden of proof, they were able to convince the court that Bail should be denied. The lower court agreed but there is a possibility even High court would reject the bail or accept it. But the Judiciary is working as it should. There is no conspiracy here. Why do you say there are no checks and balances here?
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