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Bombay High Court Dismisses Appeal by Narcotics Control Bureau Against Acquittal 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 Search Illegal and Conviction Unsustainable.

The appeal was filed by the Narcotics Control Bureau against the acquittal of the respondent for an offence under Section 21 read with Section 8(c) of...

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Bombay High Court Dismisses Habeas Corpus Petition by Mother Against Father for Custody of Minor Child. Father's Custody Held Not Unlawful as Both Parents Have Equal Rights; Dispute to Be Adjudicated Under Guardians and Wards Act, 1890.

The petitioner, Mrs. Namita Mahendra Thanai, filed a writ of habeas corpus under Article 226 of the Constitution of India seeking production of her mi...

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Bombay High Court Dismisses Petition Challenging BCAS Security Directive for Airport Access — Directive Issued in Public Interest for Aviation Security, Not Arbitrary or Discriminatory.

The petitioners, Narangs International Hotels Private Limited and its Managing Director, challenged a directive issued by the Bureau of Civil Aviation...

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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.

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...

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Bombay High Court Allows Petitions of Inter-State Prisoners Challenging Local Surety Condition for Furlough. Condition in Government Circular dated 16th December 2008 requiring local surety within Maharashtra for prisoners from other States held violative of Articles 14 and 21 of the Constitution.

The Bombay High Court dealt with two criminal writ petitions filed by prisoners Subodh Prasad and Jagbir Singh challenging the condition in Government...

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Bombay High Court Quashes Narco Analysis Test Order in IPC Offences Case — Violation of Article 20(3) and 21. Permission for Narco analysis test set aside as it infringes fundamental right against self-incrimination and right to life without proper consent and health safeguards.

The petitioner, Mahesh s/o Mahonsing Shribas, filed a Criminal Writ Petition before the Bombay High Court challenging the order dated 28.1.2010 passed...