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Supreme Court Acquits Appellant in NDPS Case Due to Lack of Conscious Possession and Flawed Investigation. Conviction for cannabis recovery quashed as prosecution failed to prove ownership and possession beyond reasonable doubt under Sections 8C, 20(b)(ii)(c), 35, 54 of NDPS Act.

The appellant, Gangadhar alias Gangaram, was convicted under Section 8C read with Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substanc...

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High Court of Karnataka Dismisses Appeal Against Acquittal in NDPS Case — Prosecution Fails to Prove Conscious Possession of Heroin. Recovery of Contraband from Bag Not Linked to Accused as Independent Witnesses Turned Hostile and Procedural Lapses in Search and Seizure Under NDPS Act, 1985.

The appeal was filed by the Intelligence Officer, Narcotics Control Bureau, Chennai, against the judgment of acquittal dated 18.10.2008 passed by the ...

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Supreme Court Sets Aside Bail in NDPS Commercial Quantity Case for Non-Compliance with Section 37 Twin Conditions. High Court's observation that rigours of Section 37 can be diluted by right to speedy trial held contrary to settled law.

The Supreme Court allowed the appeal filed by the State of Punjab against the judgment of the Punjab and Haryana High Court granting regular bail to R...

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Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Delay in Trial. Personal Search of Accused Conducted Without Informing Right to Search Before Gazetted Officer or Magistrate, Violating Mandatory Safeguard Under Section 50 of NDPS Act.

The applicant, Arshad Karar Khan, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular ba...

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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.

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

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High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Lack of Conscious Possession and Long Incarceration. The court held that mere partnership in a firm does not establish conscious possession of contraband under Section 43 of NDPS Act, and long custody without trial warrants bail.

The petitioner, Chandru Kunthur Raghuvegowda, a partner of M/s. Overseas Express, filed a petition under Section 439 CrPC seeking bail in Crime No.893...

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Supreme Court Acquits Accused in NDPS Case Due to Lack of Independent Witnesses and Failure to Establish Sample Identity. Conviction under Sections 8, 15, and 31 of NDPS Act Set Aside as Prosecution Failed to Prove Sample Seized Was Same as Tested.

The Supreme Court allowed the appeal of Vijay Pandey against his conviction under Sections 8, 15, and 31 of the Narcotic Drugs and Psychotropic Substa...

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Madras High Court Grants Bail to Accused in NDPS Case Due to Violation of Right to be Produced Before Magistrate Within 24 Hours and Delay in Trial. Non-compliance with Section 58 BNSS and Article 22(2) of Constitution of India Entitles Accused to Bail Despite Rigors of Section 37 NDPS Act.

The petitioner, K.K. Roshan Kumar, was arrested on 28.12.2023 for offences under Sections 8(c) read with 22(c), 23(c), 25, 27A, 28 and 29 of the Narco...