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Search Results for "narcotics"

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Supreme Court

Supreme Court Sets Aside Bail Order in NDPS Case Due to Failure to Apply Mandatory Twin Conditions Under Section 37. High Court Erred in Granting Bail to Alleged Kingpin Without Recording Satisfaction That Accused Not Guilty and Not Likely to Commit Offence While on Bail, Contrary to Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985.

28 Mar 2023

The Supreme Court heard an appeal by the Union of India against the Allahabad High Court's order granting bail to the respondent-accused in a case und...

High Court

Bombay High Court Quashes Extension of Investigation Period in NDPS Case for Non-Compliance with Section 36A(4). Failure to Serve Notice on Accused Before Granting Extension Renders Order Invalid and Accused Entitled to Bail.

4 Dec 2021

The judgment concerns five applications under Section 482 of the Code of Criminal Procedure, 1973, filed by accused persons in Crime No. 1089/2020 reg...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50. Conviction under Section 21 of NDPS Act set aside as search and seizure conducted without proper authorization and without informing accused of right to be searched before gazetted officer or magistrate.

2 Sep 2011

The appellant, Suleman Oguk @ Soni, was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) by the Speci...

High Court

High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 52A and Change in Circumstances. The court held that failure to comply with mandatory sampling and certification procedures under Section 52A of the NDPS Act, along with delay in trial, constitutes a change in circumstances warranting bail despite commercial quantity.

15 Jul 2022

The petitioner, Zakir Hussain, accused No.2 in a case registered by the Narcotics Control Bureau (NCB) for offences under the NDPS Act, filed a succes...

High Court

High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Recovery from Accused. The court held that the twin conditions under Section 37 of NDPS Act were not satisfied as the prosecution failed to show reasonable grounds for guilt, and the recovery was not from the accused.

29 May 2020

The petitioner, Shaikh Nizamuddin Mohd Kasim, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in con...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42(2) Mandatory Requirement. Secret Information Not Reduced to Writing and Sent to Superior Officer, Vitiated Trial.

23 Jul 2019

The appellant, Bhola Vijayprasad Gupta, was convicted by the Additional Sessions Judge, Washim, on 27.01.2006 in Sessions Trial 4/2003 for offences un...

High Court

Bombay High Court Dismisses Union of India's Applications for Cancellation of Bail in NDPS Case — No Supervening Circumstances or Misuse of Bail Established. The court held that cancellation of bail requires higher threshold such as interference with investigation or tampering of evidence, and mere disagreement with the trial court's order is not sufficient under Section 439(2) of CrPC.

17 Feb 2011

The Union of India filed multiple applications under Section 439(2) of the Code of Criminal Procedure, 1973 seeking cancellation of bail granted to si...

High Court

Bombay High Court Dismisses Appeal Against Forfeiture of Cash and Fixed Deposits in NDPS Case Despite Acquittal of Accused. Court upholds forfeiture of proceeds of narcotics trafficking under Section 8(c) read with Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

29 Nov 2010

The appellant, Sankapaka Laxman Bhoomaiah @ Babu, was the original accused No.1 in NDPS Special Case No. 208/1989 before the Special Judge (N.D.P.S.) ...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act, 1985. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

29 Mar 2005

The appellant, a Nigerian national, was convicted by the Special Judge in NDPS Case No. 116 of 2000 for an offence under Section 8(c) punishable under...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50. Search of Person Without Informing Right to be Searched Before Gazetted Officer or Magistrate Renders Recovery of LSD Papers Illegal.

4 Sep 2020

The appellant, Raymond Locke, was convicted by the Additional Sessions Judge, Mapusa, in Special Case No. 32/2014 for possession of 1.3 grams of LSD p...

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