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ETimes reached out to lead attorney Majeed Memon, for his advice on the charges and Aryan’s prospects of securing bail. Speaking exclusively to us, Memon said, “The accused is allegedly a member of a rave party from which contraband was found in violation of the provisions of the NDPS Act. It appears that the quantity which would be attributed to him for personal consumption is a small quantity and not a commercial quantity and therefore the infringement will be liable to security.
Senior lawyer Rizwan Merchant had a slight difference of opinion, however. When contacted with Aryan’s charges, he said, “Article 35 is a presumption of guilty mental state and Article 27 is a charge for consumption. But the charge is not refundable because 20B is less than the commercial quantity but more than the lower quantity. Section 8 (c) is a charge for possession of cannabis, so it will be 8 (c) read with 20 (b), depending on the amount found on it. The penalty can be 10 years plus a fine. But there is no minimum sentence.
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