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Search Results for "search before Gazetted Officer"

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High Court

High Court Acquits Accused in NDPS Act Case Due to Insufficient Evidence Linking Him to Cannabis Cultivation. Prosecution Failed to Prove Beyond Reasonable Doubt That Accused Was Cultivator Where Land Had Multiple Occupiers and Investigation Did Not Verify Specific Cultivation, Under Section 20(a)(i) of Narcotic Drugs and Psychotropic Substances Act, 1985.

7 Mar 2026

The appeal arose from a conviction under Section 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985, where the appellant was sentenc...

High Court

Bombay High Court Grants Bail to Applicant in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act — Search Conducted Without Informing Right to be Searched Before Gazetted Officer or Magistrate. The court held that non-compliance with Section 50 vitiates the search and the prosecution cannot rely on the recovery to oppose bail, and granted bail.

16 Dec 2025

The applicant, Krishna Vijay Gohil, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking release in connection ...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 — Search of Bag Without Independent Witnesses and No Compliance with Mandatory Notice Requirement. The court held that the mandatory requirement of Section 50 of the NDPS Act was not complied with, and the recovery was doubtful, leading to the grant of bail.

21 Nov 2025

The applicant, Arbaz Aslam Shaikh, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in connection wi...

High Court

Bombay High Court Grants Bail to Applicant in NDPS Case Due to Non-Compliance with Section 50 — Search Conducted Without Proper Notice of Right to be Searched Before Gazetted Officer or Magistrate. The court held that failure to inform the suspect of his right under Section 50 of the NDPS Act renders the search illegal and the recovery inadmissible, entitling the applicant to bail.

21 Nov 2025

The applicant, Mihir Rajesh Shah, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in connection wit...

High Court

High Court of Karnataka Grants Bail to Accused No.2 in NDPS Case Involving 49.7 kg Ganja — Petitioner Not Found in Exclusive Possession of Contraband and No Criminal Antecedents

8 Dec 2020

The petitioner, Irfan Ali, accused No.2, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail in...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Search and Seizure Conducted Without Proper Authorization and Without Informing Accused of Right to be Searched Before a Gazetted Officer or Magistrate.

25 Mar 2011

The appellant, Essop Casoojee, a South African national, was convicted by the Special Judge, Greater Mumbai in NDPS Special Case No.78 of 2002 for off...

High Court

Bombay High Court Dismisses State Appeal in NDPS Case Due to Non-Compliance with Section 50. Acquittal of Accused for Possession of Charas Upheld as Prosecution Failed to Prove That Accused Were Informed of Their Right to Be Searched Before a Gazetted Officer or Magistrate.

9 Aug 2005

The State of Maharashtra appealed against the judgment and order of acquittal passed by the learned Special Judge, Greater Bombay, in Sessions Case No...

High Court

Bombay High Court 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.

6 May 2005

The appellant, Bocoum Ibrahim Malienne, a Nigerian national, was convicted by the Special Judge, NDPS Court, Greater Mumbai in NDPS Special Case No. 2...

High Court

Bombay High Court Dismisses Appeal in NDPS Act Case — Conviction for Possession of Charas Upheld. Court held that recovery of 1.5 kg charas from accused's possession was proved beyond reasonable doubt and that the mandatory provisions of Section 50 of NDPS Act were not attracted as the search was of a bag, not of the person.

30 Nov -0001

The appellant was convicted by the trial court under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of 1...

High Court

Bombay High Court Acquits Six Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50. Failure to Record Reasons for Search and Lack of Independent Witnesses Renders Recovery of Contraband Illegal.

30 Nov -0001

The case involves six appellants who were convicted by the trial court under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...

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