Bollywood superstar Shah Rukh Khan’s son Aryan Khan has been arrested by the Narcotics Control Bureau (NCB) under multiple sections of Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985. Aryan was among eight people who were detained during an NCB raid on a Goa-bound cruise ship off Mumbai on Saturday night. The central agency has seized drugs such as cocaine, LSD, hashish and MD from the ship and registered an FIR in connection with an alleged drugs party on the ship.
Aryan and two others were arrested on Sunday by the NCB after questioning and will now be presented before a court. The 23-year-old has been booked under Section 8(c), 20(b), 27 and 35 of the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985.
Section 8(c) of NDPS Act prohibits the production, manufacturing, possession, selling, purchase, transport, warehouse, use, consumption, inter-state import and export, import to and from India or tranship of any narcotic drug or psychotropic substance. Drugs for medical or scientific purposes are exempted and require a licence or permit by the concerned authorities.
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Section 20(b) of NDPS Act makes possession of cannabis a punishable offence with rigorous imprisonment up to ten years and a fine which may extend to INR2 lakh, depending on the quantity of the seized contraband.
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Section 27 of NDPS Act makes consumption of any narcotic drug or psychotropic substance a punishable offence with rigorous imprisonment up to one year, or a fine which may extend to INR20,000, or both.
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Section 35 of NDPS Act deems that the accused will be guilty unless proven innocent. The accused is required to prove against “culpable mental state” that includes intention, motive, knowledge of a fact, or reason to believe a fact. “The Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence,” according to the NDPS Act, 1985.
