DNA Explainer: Under what law was Aryan Khan sent to NCB custody despite no drugs seized

Bollywood actor Shahrukh Khan's son Aryan Khan has been remanded to Narcotics Control Bureau (NCB) custody till October 7 in connection with the case of seizure of banned drugs during a rave party. However, Aryan Khan's lawyer Satish Maneshinde said that no drugs have been seized from him and yet the NCB had demanded his custody.

NCB zonal director Sameer Wankhede said if required, they will seek Aryan Khan's further custody in the sessions court on Monday. Aryan is also accused of consuming drugs. According to the NCB, 13 grams of cocaine, five grams of MD, 21 grams of charas, 22 intoxicants and cash worth Rs 1.33 lakh have been seized after the raid.

However, the question that arises is if Aryan was not in possession of any drugs then why NCB has remanded his custody? Here we try to understand what the law says about people who have not been caught in drugs trafficking but alleged consumption and which drugs can't be kept for more than how much grams.

What is NDPS Act?

Under the Narcotic Drugs and Psychotropic Substances Act, 1985, there is a law in the country against the use, manufacture, purchase and sale of narcotic substances. It is called NDPS Act in short. Under this Act, there are two types of intoxicants - Narcotic and Psychotropic. 

The production of some is also necessary for medical needs or other work, but they have to be closely monitored otherwise, people may become addicted to drugs. The NDPS Act has been made for this control.

What are Narcotic and Psychotropic Drugs?

Under the NDPS Act, the Central government issues a list of banned drugs, which is also updated from time to time on the advice of the state governments. Narcotic drugs mean sleep-inducing drugs, which are natural or made from natural substances. Like charas, ganja, opium, heroin, cocaine, morphine and likes come under this category.

Psychotropic means that drugs affecting the brain, which are chemical-based or which are prepared by mixing two or three types of chemicals. Eg- LSD, MMDA, Alprazolam etc. Some of these medicines are also life-saving, but if taken in excess without medical advice their intoxication can be dangerous. Both types of drugs have been recovered in the raid of NCB.

Why Aryan Khan was arrested?

Additional Solicitor General Anil Singh, who appeared for the NCB, argued that even though no drugs have been seized from Aryan, custody is important to investigate the further links. The argument that the NCB made in the court was alleging that the 'incriminating material' was found through Aryan Khan's WhatsApp chats with drug peddlers.

Singh argued that investigation regarding the payment modes and several codes that were allegedly used during the chat has to be conducted and was not possible without his custody and all the accused need to be confronted. The international transactions need to be investigated.

Without warrant right to search and arrest 

Under Section 41 of the NDPS Act, the government has the right to establish a drug abuser's identification, treatment, and rehabilitation centre. Under Section 42, the Investigating Officer is also empowered to search, seize and arrest narcotic substances without a warrant or authorization letter. The state police can also take action under the NDPS Act.

Along with this, separate narcotics departments are also made in the Centre and the states. It monitors drug trafficking and its illegal use.

Punishments under NDPS Act

If the drug is consumed in small quantities, the punishment can be one year's imprisonment or a fine of up to 10 thousand rupees or both. A person can easily get bail but if caught several times then getting bail becomes difficult.

Under the NDPS Act, possession of narcotic substances for the purpose of commercial quantity i.e. purchase and sale can be punished with imprisonment of 10 to 20 years and a fine from one to two lakh rupees. There is no bail in such a case.

Imprisonment of up to 10 years or a fine of up to one lakh rupees or both is given if someone is found possessing drugs in between a small quantity and a commercial quantity. In such cases, getting bail or not depends on the narcotics caught and the sections of the police.