Search Results for "NDPS Act"

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Madras High Court Grants Bail to NDPS Accused Due to Violation of Article 22(2) and Section 58 BNSS — Delay in Remand and Non-Furnishing of Arrest Grounds. Procedural Safeguards Override Section 37 NDPS Act Bar.

The petitioner, K.K. Roshan Kumar, was arrested on 28.12.2023 by the Narcotics Control Bureau (NCB) in connection with the seizure of 11 kg of Methamp...

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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...

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Supreme Court Partly Allows Appeal in NDPS Act Case, Modifying Sentence on Double Punishment Grounds. Separate sentences for offences under Sections 20 and 25/29 from same transaction held impermissible, and fine cannot be cumulative when sentences run concurrently under Section 53 IPC.

The appeal arose from a conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant and a co-accused were intercepted dur...

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Supreme Court Upholds Cancellation of Default Bail in NDPS Case Due to Prior Filing of Combined Complaint. The right to default bail under Section 167(2) CrPC is extinguished once a complaint is filed within the statutory period, even if the court granting bail is unaware of such filing.

The Supreme Court dismissed three appeals challenging the High Court's order cancelling default bail granted to the appellants under Section 167(2) Cr...

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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.

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...

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Bombay High Court Dismisses Petition of Convicted Drug Trafficker Seeking Transfer to India Under Repatriation Act — Petitioner Failed to Show Compliance with Section 3(1) of Repatriation of Prisoners Act, 2003

The petitioner, Prem Kishore Raj, was convicted by the Supreme Court of Mauritius on 18th December 1997 for drug trafficking and sentenced to penal se...

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Bombay High Court Cancels Bail Granted to Accused in NDPS Act False Implication Case — Complainant's Application Allowed Due to Serious Allegations of Conspiracy and Tampering of Evidence

The applicant, Rajesh Jaswantlal Solanki, filed two applications under Section 439 CrPC for cancellation of bail granted to the accused persons, Ravin...