Search Results for "psychotropic substances"

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High Court

Bombay High Court Upholds Conviction of Nigerian National in NDPS Case for Heroin Possession and Conspiracy. Court finds that NCB followed mandatory procedures and that the appellant's statement under Section 67 of NDPS Act was voluntary and admissible.

15 Apr 2019

The appellant, a Nigerian national, was convicted by the Special Judge for NDPS, Greater Mumbai, for offences under Sections 8(c) read with 21(B) and ...

High Court

Bombay High Court Dismisses Union of India's Appeal Against Acquittal in NDPS Case — Failure to Prove Conscious Possession of Ganja. Court held that mere recovery of contraband from premises occupied by multiple persons does not establish exclusive possession of the accused under the Narcotic Drugs and Psychotropic Substances Act, 1985.

20 Nov 2006

The Union of India appealed against the acquittal of respondent No.1, Dattu Mukinda Kanchan, by the Special Court under the NDPS Act in NDPS Sessions ...

High Court

Bombay High Court Dismisses Challenge to Re-testing of Narcotic Samples in NDPS Case. Court Holds That Sending Reserved Sample to CFSL Does Not Prejudice Accused's Right to Fair Trial Under NDPS Act.

27 Oct 2023

The applicant, Michael Onyeka Jude, challenged an order dated 10.07.2023 passed by the learned Special Judge for NDPS at Mumbai, which allowed the app...

High Court

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

1 Apr 2019

The appellants, Raju Dhanju Rathod and Ramesh Liganna Mudraj, were convicted by the Special Court for NDPS, Bombay, for offences under Section 20(c) r...

High Court

Karnataka High Court 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 Magistrate or Gazetted Officer under Section 50 of the NDPS Act vitiates the seizure and entitles the accused to bail.

26 Aug 2022

The petitioner, Roshan Kumar Mishra, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking regular bail i...

High Court

Bombay High Court Allows Petition Against Seizure of Poppy Seeds Under NDPS Act — Poppy Seeds Not 'Opium' or 'Opium Derivative' Under Section 2(xvi) and 2(xvii) of NDPS Act, 1985. Poppy seeds are expressly excluded from the definition of 'poppy straw' under Section 2(xviiid) and are not covered by any definition under the NDPS Act, making their seizure illegal.

28 Aug 2019

The petitioners, Chailbihari Trading Private Limited and its director, filed a writ petition challenging the seizure of poppy seeds (khas-khas) by the...

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...

Supreme Court

Supreme Court Quashes Detention Order Under PIT NDPS Act Due to Non-Application of Mind and Lack of Live Link. Preventive detention order was invalid as detaining authority failed to consider bail status and relied on stale incidents without contemporary material showing continued prejudicial activity under Section 3(1) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

30 Sep 2022

The appeal arose from a preventive detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substanc...

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 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...

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