Under what law was Aryan Khan taken into custody by the BCN despite no drug seizure



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Aryan Khan, the son of Bollywood actor Shahrukh Khan, has been remanded in custody until October 7 by the Narcotics Control Bureau (NCB) in connection with a case of seizure of banned drugs during a rave evening. However, Aryan Khan’s lawyer Satish Maneshinde said no drugs had been seized from him and yet the BCN had requested his custody.

NCB Zone Director Sameer Wankhede said if necessary they would seek additional custody of Aryan Khan in the Sessions Court on Monday. Aryan is also charged with drug use. According to the NCB, 13 grams of cocaine, five grams of MD, 21 grams of charas, 22 intoxicants and money worth Rs 1.33 lakh were seized after the raid.

However, the question that arises is whether Aryan was not in possession of any drugs, so why did NCB take him into custody? Here we are trying to understand what the law says about people who have not been caught in drug trafficking but suspected consumption and what drugs cannot be stored beyond how many grams.

What is the NDPS law?

Under the Narcotic Drugs and Psychotropic Substances Act 1985, there is a law in the country prohibiting the use, manufacture, purchase and sale of narcotic substances. This is called the NDPS law for short. Under this law, there are two types of intoxicants: narcotics and psychotropic drugs.

The production of some is also needed for medical purposes or other work, but they must be closely monitored otherwise people can become addicted to the drug. NDPS law was made for this control.

What are narcotics and psychotropic drugs?

Under NDPS, the central government publishes a list of prohibited drugs, which is also updated from time to time on the advice of state governments. Narcotics refer to sleeping pills, which are natural or made from natural substances. Like charas, ganja, opium, heroin, cocaine, morphine and others fall into this category.

Psychotropic means drugs affecting the brain which are made from chemicals or which are made by mixing two or three types of chemicals. For example, LSD, MMDA, Alprazolam, etc. Some of these drugs also save lives, but if taken in excess without medical advice, their poisoning can be dangerous. Both types of drugs were recovered during the NCB raid.

Why was Aryan Khan arrested?

Additional Solicitor General Anil Singh, who appeared for the NCB, argued that while no drugs were seized on Aryan, detention is important in investigating the subsequent links. BCN’s argument in court alleged that the “incriminating elements” had been found through Aryan Khan’s WhatsApp discussions with drug traffickers.

Singh argued that an investigation into the payment methods and several codes that were allegedly used during the chat had to be carried out and was not possible without his custody and that all defendants should be confronted. International transactions should be investigated.

Without warrant, right to search and arrest

Under Article 41 of the NDPS Act, the government has the right to establish a center for identification, treatment and rehabilitation for drug addicts. Under section 42, the investigator is also empowered to search, seize and arrest narcotic substances without a warrant or letter of authorization. The state police can also take action under the NDPS Act.

At the same time, separate narcotics departments are also created in the Center and in the States. It monitors drug trafficking and its illegal use.

Penalties under NDPS law

If the drug is consumed in small amounts, the penalty can be one year imprisonment or a fine of up to 10,000 rupees or both. A person can easily get bail, but if it is taken multiple times, bail becomes difficult.

Under NDPS, possession of narcotic substances for commercial purposes, i.e. buying and selling, can be punished with imprisonment of 10 to 20 years and a fine of one to two lakh rupees. There is no deposit in such a case.

A prison term of up to 10 years or a fine of up to one lakh rupee or both is imposed if someone is found in possession of drugs between a small amount and a commercial amount. In such cases, whether or not to obtain bail depends on the narcotics captured and the sections of the police.

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