Satish Maneshinde: Grateful to that our prayers were accepted

There is no seizure of mobile phones. Remand application says mobile phone seized. The procedure is that whenever there is a seizure, there is a memo that has to ensure the veracity of the seizure so that there is no scope of tampering. There is no seizure memo in relation to the phones. And they argued that it was voluntarily handed over. But with personal devices, it is important to have a memo for the veracity. Based on this there has been speculation of drug trafficking, it is absurd. The device is not with us, there is no panchnama. Nobody stops investigation if bail is given. But what is the need for custody when punishment is one year? I am seeking bail in that matter where punishment is only one year and there are circumstances to show that there is no conspiracy.

I will try to finish in a few minutes. Only factual. What they found from me was 6 gms. But they said 21 gms of charas. So far as WhatsApp chats are concerned, it is abundantly clear that there are no WhatsApp chats to support the conspiracy theory.

There are 4 ingredients to a crime. Intention is the highest crime. If the party was organized, and the organizers were to supply, then conspiracy applies. But if there is intention to consume then that also should not apply as no medical test is done. Section 20(b) is a theory of possession and joint possession. Consumption is a verb that has not happened. We saw in the morning in Sessions Court.. two young children and experimenting.. and these two people were from Orissa and their reply was identical but then we read today they have been granted bail. These are boys who were on the vessel, the vessel left, they enjoyed and then they came back, and then they were picked up. And they have been granted bail. There are three unconnected persons coming for the same purpose that is not conspiracy. Even if there is concurrence in the intention of the accused, what the prosecution must prove is that there was positive intention to commit an act with common intention.

The panchnama demolishes the case of conspiracy. They thought it was a group, but what happened? This is a case of personal consumption. It says “except personal consumption”. And there was no allegation of use in arrest memo. In this group, Vikrant and Ishmeet, I am not making submissions against them, but they were supposedly in conspiracy. Then they came across two more people who was Arbaaz and Aryan. 6 gms of charas are supposed to be recovered from my shoes. I supposedly confessed when I was asked. I am keeping aside for retraction. I had also immediately applied for CCTV footage which the terminal has. No orders are passed in tha…

Your lordships will notice that in the afternoon Oct 3, all these three people have been arrested for identical offences without Section 27A and 29 and they were arrested only for 20(b) and 27. What it means is on the assessment of the material, the mobile phone and all, the reason I believe is that they had come there only for consumption. Section 27 and 20(b) was for consumption that is what is there in the arrest memo. If there was no conspiracy on assessment then the punishment was for a year and there was interse no conspiracy. If these are three individuals doing individual act, then what should have been the action punishable under 14(1)(a). Law is - bail is the rule and jail is exception, now it is Arrest is the rule and Bail is exception. After due application of mind 3 people were arrested under 20(b) and 27 but what was the need to arrest them? There was no conspiracy.

'Sameer is being targeted because he is a Dalit,' his family members were quoted saying today while presenting documents to prove the allegations about his cast and religion were 'false'.

The NCB's Deputy Director General (DDG)-northern region Gyaneshwar Singh on Wednesday said they have started recording the statement of the agency's Mumbai zonal director Sameer Wankhede in connection with the departmental vigilance probe into allegations of extortion in the drugs-on-cruise case.

The Mumbai Police will reportedly go through CCTV footage as per witnesses' claims against NCB zonal director Sameer Wankhede.