Aryan Khan drug case: What is the role of this ministry in Aryan bail and what Mukul Rohatgi has argued?

News Desk, Amar Ujala, New Delhi.

Published by: Talent cauldron
Updated to Thursday, 28 October 2021 07:38 PM IST

Summary

Former Attorney General Mukul Rohatgi was instrumental in getting Aryan Khan released on bail. However, the Ministry of Social Justice Empowerment is also expected to play a major role in the arguments presented by Rohatgi before the court.

Aryan Khan

Aryan Khan
– Photo: PTI

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Shah Rukh Khan’s son Aryan Khan, who was caught in a drugs case, was finally released on bail today after many hardships. The Bombay High Court granted bail to Aryan Khan and two other arrested accused. However, the three will be released on Friday or Saturday due to non-receipt of a copy of the order from the court.

According to media reports, Rohatgi said that among other arguments in getting Aryan bail, there were also new guys. These can be sent to the correctional home. They should not be prosecuted. I also read in the papers that the government was talking about ‘reforms’.

The ‘reform’ that Rohatgi is talking about here is actually a recommendation made by the Ministry of Social Justice and Empowerment that it is criminal to possess small amounts of drugs for personal use. The ministry made the suggestion to the Revenue Department during a review of the Narcotic Drugs and Narcotic Substances (NDPS) Act. Rohatgi is said to have cited this recommendation in his argument.

What is recommended

According to media reports, the ministry said in its recommendation that if a person is caught with small quantities of drugs for personal use, that person should not be sent to jail. Otherwise they should be shifted to government centers for treatment. There is no provision for relief or relief under the existing NDPS Act and the accused can escape punishment and imprisonment only if he wants to go to the rehabilitation center himself.

The Revenue Department, which is the nodal authority for the NDPS Act, last month sought suggestions for changes in the law from several ministries and departments, including the Home Ministry, the Ministry of Health and the Ministry of Social Justice and Empowerment. Narcotics Control Bureau and CBI. The Ministry of Social Justice and Empowerment has sent its instructions to the Revenue Department in this regard.

What is Section 27?

Possession or possession of drugs is an offense in India and Section 27 of the NDPS Act provides for imprisonment for up to one year and a fine of up to Rs. A fine of up to Rs 20,000 will be imposed. The law makes no distinction between first-time or recurring drug users. For this provision alone, the Ministry has proposed to make detention treatment compulsory for at least 30 days in government-run rehabilitation and counseling centers instead of imprisoning and fining the accused. Section 27 was used in several high profile cases and Aryan Khan was also arrested under this section.

What is the NDPS Act?

The NDPS Act came into force on 14 November 1985. Edited four times since then. This Act also applies to all Indian citizens outside India and to persons on ships and aircraft registered in India.

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