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High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance of Section 50 and Absence of Chemical Analysis Report. Notice under Section 50 failed to mention 'Magistrate' and gave impermissible third option; charge sheet filed without chemical analysis report deprives applicant of default bail.

9 Jul 2026

The applicant, Atik Beg Anees Beg, was arrested in connection with Crime No.262/2025 registered with Kotwali Police Station, Amravati City, for offenc...

High Court

Madras High Court Grants Bail to Six Accused in NDPS Cases Citing Right to Speedy Trial and Delay in Trial. Section 37 of NDPS Act Not an Absolute Bar When Trial Is Delayed, and Parity With Co-Accused Justifies Bail.

17 Mar 2026

The judgment involves six criminal original petitions filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking bail in ...

High Court

High Court of Karnataka Quashes Remand Order and Grants Bail in NDPS and Arms Act Case — Non-Compliance with Section 52A of NDPS Act Renders Seizure Suspect. The court held that the mandatory procedure under Section 52A of the NDPS Act for sampling and certification of seized contraband was not followed, making the seizure invalid and the remand order unsustainable, thereby granting bail to the accused.

29 Mar 2022

The petitioner, Mr. Sayyad Mohammad @ Nasim, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Ka...

High Court

High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act. The court held that failure to inform the accused of his right to be searched before a Gazetted Officer or Magistrate under Section 50 of the NDPS Act vitiates the seizure and entitles the accused to bail.

2 Feb 2022

The petitioner, Joswin Lobo, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in Crime No.224...

Supreme Court

Supreme Court Dismisses Appeal in NDPS Case: Conviction for Possession of 900 gm Smack Upheld Despite Procedural Challenges. Chance recovery from vehicle under Section 43 NDPS Act does not require compliance with Section 50, and police testimony alone can sustain conviction.

29 Nov 2021

The appellant, Kallu Khan, was convicted under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession...

High Court

High Court of Karnataka Grants Default Bail to Accused in NDPS Case Despite Cognizance. Right to Default Bail Under Section 167(2) Cr.P.C. is Indefeasible and Not Extinguished by Filing of Charge Sheet or Taking of Cognizance Under Section 36A NDPS Act.

28 May 2020

The petitioner, Shivaraj Urs, accused No.2 in Special CC No.1197/2019 pending before the Special Judge for NDPS cases, Bengaluru, filed a criminal pet...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42(2) and Lack of Independent Witnesses. Conviction under Sections 8(c), 20(b)(ii)(c), and 29 of NDPS Act set aside as mandatory procedural safeguards were violated.

3 Aug 2018

The appellant, Salim Jamshed Ali Shaikh @ Kanya, was convicted by the Special Judge (NDPS Act), Mumbai, in Special Case No.78 of 2010 for offences und...

High Court

High Court of Karnataka Acquits Accused in NDPS Case Due to Non-Compliance with Section 50. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable Under Section 20(B)(ii)(b) of NDPS Act, 1985.

3 Sep 2015

The appellants, Sardar S/o Hatiram Jadhav, Gyaneshwar S/o Baburao, Devidas S/o Balaji Chavan, and Vijaykumar S/o Bapurao Chavan, were convicted by the...

High Court

Bombay High Court Quashes NDPS Prosecution for Lack of Sanction Under Section 36A(2) of NDPS Act — Cognizance by Special Court Without Valid Sanction Held Illegal. The court held that the mandatory requirement of previous sanction under Section 36A(2) of the NDPS Act was not complied with, rendering the entire prosecution void.

9 Feb 2015

The applicants, Shailesh Kanada (accused No.3) and Kailash Rajput (accused No.2), were prosecuted in NDPS Special Case No.51/13 pending before the Spe...

High Court

Bombay High Court Cancels Bail in NDPS Case — Commercial Quantity of Opium Determined by Total Weight, Not Morphine Content. The court held that the Special Judge erred in calculating morphine content to bring the quantity below the commercial threshold, and the bar under Section 37 of NDPS Act applies.

12 Dec 2011

The Union of India filed an application for cancellation of bail granted to the respondents (original accused) by the Special Judge (NDPS Act), Pune, ...

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