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Search Results for "search before Gazetted Officer"

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High Court

Gujarat High Court Upholds Acquittal in NDPS Case Due to Procedural Lapses and Lack of Independent Witnesses. DRI Officers' Failure to Comply with Mandatory Provisions of NDPS Act, 1985 Renders Seizure Doubtful.

27 Mar 2026

The present appeal was filed by the Intelligence Officer of the Directorate of Revenue Intelligence (DRI) challenging the judgment and order of acquit...

High Court

Bombay High Court Quashes NDPS Proceedings Against Young Engineer Due to Lack of Evidence and Destruction of Seized Articles. Court finds no incriminating material as alleged ganja, pipe, and matchbox were destroyed at spot, no FSL report, and no admissible evidence of consumption.

6 Dec 2024

The petitioner, Rahul Madan Sharma, a young engineer aspiring to study abroad, filed a writ petition seeking quashing of criminal proceedings pending ...

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

High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Commercial Quantity Evidence. The court held that the search and seizure without complying with Section 50 of NDPS Act vitiates the seizure and that the quantity of ganja (45 kg) was not established as commercial, thus Section 37 rigors not attracted.

8 Feb 2021

The petitioner, Sri Ranjith R.S., filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail in connec...

High Court

High Court Grants Bail to NDPS Accused Due to Non-Compliance with Section 50 and Lack of Independent Witnesses. The court held that the prosecution's failure to comply with Section 50 of the NDPS Act and the absence of independent witnesses entitled the accused to bail despite the commercial quantity of ganja.

1 Oct 2020

The petitioners, Tasleem N.P., Haseeb K.V., and Rasique Ali P., were arrested in connection with Crime No.110/2020 registered at Hulimavu Police Stati...

High Court

High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act and Lack of Recovery from Accused. The court held that the mandatory requirements of Section 50 of NDPS Act were not complied with as the petitioner was not informed of his right to be searched before a gazetted officer or a magistrate, and no recovery was made from the petitioner.

1 Jul 2020

The petitioner, Nissar, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.19/2020 register...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 Notice. Failure to Inform Appellant of Right to Search Before Magistrate or Gazetted Officer Renders Recovery of Contraband Illegal and Conviction Unsustainable.

12 Oct 2015

The appellant, Ms. Naomi Banda, a Zambian national, was convicted by a Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

High Court

Bombay High Court Upholds Conviction of Nigerian National for Heroin Possession Under NDPS Act — Seizure Panchnama Valid Despite Panch's Language Issues. The court held that a panch witness's inability to understand English does not render the seizure panchnama inadmissible if the panch testifies to the seizure and his signature.

24 Jul 2014

The appellant, Chidi Anthony Uzoukwu, a Nigerian national, was convicted by the Special Judge, Greater Bombay, for possession of 13.800 kg of heroin u...

High Court

Bombay High Court Upholds Conviction of Nigerian National for Heroin Trafficking Under NDPS Act. Accused's Confession Under Section 67 NDPS Act and Recovery of 1.200 kg Heroin from Cabin Baggage Sufficient to Sustain Conviction for Offences Under Sections 21(C), 23(C), 28, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

9 Dec 2011

The appellant, Ogbu Awah, a Nigerian national, was convicted by the Special Judge under the NDPS Act for offences punishable under Sections 21(C) read...

High Court

Bombay High Court Allows Appeal in NDPS Case Due to Non-Compliance with Section 50 - Conviction Set Aside for Failure to Inform Appellant of Right to be Searched Before Gazetted Officer or Magistrate.

6 Jul 2010

The appellant, Shridhar Laxman Chennuri, was convicted by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) ...

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