Armaan Kohli refused bail by Bombay High Court in NDPS case

The Bombay High Court on Monday rejected the application filed by actor Armaan Kohli, seeking bail in a case under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). .Kohli was arrested by the Narcotics Control Bureau (NCB) for possession of 1.2 grams of cocaine, a quantity falling under 'small category meant for consumption'. Later, the NCB arrested the drug peddler from whom commercial quantity was recovered.A Sessions Court had earlier rejected Kohli's bail application prompting the present plea before the High Court.The NCB's case was that two accused in the case were main suppliers who supplied narcotic substances on a regular basis. They alleged that the roles of the accused were connected and intertwined with each other, and cannot be dealt separately in isolation..Senior Advocate Aabad Ponda argued that Kohli ought to be granted bail on the ground that the offences against him were bailable considering he had been allegedly found with a small quantity of drugs and hence rigours of Section 37 of the NDPS Act will not apply.He argued that there was neither prima facie nor admissible evidence against Kohli; the only evidence seemed to be statements under Section 67 of the NDPS Act.He further submitted that there was neither prima facie nor admissible evidence against Kohli; the only evidence seemed to be statements under Section 67 of the Act.He also contended that except for the statements and panchnamas, there was nothing to justify why Sections 27A (illicit trafficking) and 29 (conspiracy) of NDPS Act were invoked.He even pointed out that the panchas were purportedly used in thirteen other cases.Ponda argued that mere collection of bank statement and Whatsapp chats was not sufficient to invoke the stringent provisions of NDPS Act.“We all know the veracity of Whatsapp messages. If I get some messages, then will those messages from them, without any response from me, be admissible evidence. If someone messages me ‘I killed someone’ and ‘I say good’ will that amount to abetment? Of course not!” Ponda said.Relying on the Aryan Khan judgment to further his arguments on conspiracy, Ponda stated that he was compelled to refer to Khan’s case for the reason that it was similar to Kohli’s case.Incidentally, when Khan's bail application was rejected by the Metropolitan Magistrate, the Magistrate had relied upon Kohli's order..Additional Solicitor General Anil Singh appearing for the NCB, informed the Court that the actor had been accused of supplying contraband to third parties and not for free. "These were part of his commercial dealings", the ASG said.To substantiate the accusation of illicit drug-trafficking, the ASG submitted that several links had been recovered between Kohli and the foreign nationals during investigation indicating illicit procurement.The ASG contended that Whatsapp chats and statements have to be relied upon during the stage of investigation, and chargesheet in the present case has not been filed yet.“If Whatsapp chats cannot be seen, statements cannot be seen then what happens to them? How do we investigate?” the ASG remarked.The ASG showed the Court Whatsapp chats and financial transactions from Kohli’s bank accounts, to point out that Kohli had committed a serious and grave offence.“It is a clear case that everyone is connected, and connections are not only with Indian nationals but also foreign nationals. This is a fit case for applicant to not get bail.” the ASG concluded..After hearing the submissions of both parties, Justice Nitin Sambre rejected Kohli’s bail application. A detailed order will follow. .Justice Sambre was also hearing bail applications of co-accused Kareem Dhanani and Imran Ansari. Upon a specific query, he was informed by the NCB officials that there were no bank statements found against these two.Noting this, Dhanani and Ansari were granted bail..Singh was briefed by advocates Shreeram Shirsat, Akshay Thakker and Amandeep Sra.Ponda was brief by Chate and Associates.Advocate Ayaz Khan appeared for Dhanani and advocate Sonali Parab appeared for Ansari.