Today the Bombay High Court issued an order saying there is no evidence of conspiracy against Aryan Khan, Arbaaz Merchant and Monmon Damicha to commit drug related offences. Moreover, the court also said that nothing objectionable was found in the WhatsApp conversations between them.
The order went on to state that “there is hardly any positive evidence recorded to convince this court that all defendants of common intent have consented to committing an unlawful act.”
The court added: “Just because Aryan Khan, Arbaaz Merchant and Monmon Demicha were traveling on the same flight, that in and of itself could not be a basis for the conspiracy charge against them.”
“There is no material recorded in the record to indicate a meeting of their minds with other defendants named in the crime in question. The case of the prosecution in which the applicants have confessed to committing a crime also amounts to a crime under the Hazardous and Noxious Substances Act. Even if the maximum sentence prescribed is not “The applicants have already suffered imprisonment of nearly 25 days,” Judge Samper said according to TOI.
Live Law reports that the court made the following observations in relation to the affidavits recorded by the CNB: “The statement of confession of the plaintiffs/defendants cannot compel them to the crime in light of the Supreme Court ruling in the Tuphan Singh case. [cited supra], the claim made by the Defendant (NCB) that the defendants have accepted their involvement in the crime is rebuttable.”