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Search Results for "NDPS Act"

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High Court

Bombay High Court Grants Bail to Accused in NDPS Case Where Charas Quantity Was Less Than Commercial Quantity, Section 37 Rigours Not Attracted. The court held that 1000 gms of charas is commercial quantity under Section 2(viia) of NDPS Act read with notification S.O. 1055(E), but granted bail due to prolonged custody and unlikely early trial.

16 Oct 2023

The applicant, Vikas Babarsingh Itkan, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for offences...

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

Bombay High Court Grants Bail to Accused in NDPS Act Case Due to Incomplete Charge-Sheet Without Chemical Analysis Report. Charge-sheet filed without Chemical Examiner's report under Section 173(2) Cr.P.C. is incomplete, entitling accused to default bail under Section 167(2) Cr.P.C.

15 Jan 2021

The applicant, Sagar Parshuram Joshi, was arrested on 12th October 2019 in connection with Crime No. II-369 of 2019 registered at Kopar Khairane Polic...

High Court

High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Recovery from Accused. The court held that the twin conditions under Section 37 of NDPS Act were not satisfied as the prosecution failed to show reasonable grounds for guilt, and the recovery was not from the accused.

29 May 2020

The petitioner, Shaikh Nizamuddin Mohd Kasim, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in con...

High Court

Bombay High Court Acquits Four Convicts in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Procedural Violations in Search and Seizure Lead to Acquittal of Appellants Convicted Under Section 20(b) of NDPS Act.

7 Dec 2018

The appellants, Pratap Bhimsingh Parera, Gangadhar Babaji Lenaka, Mrs. Savita Pratap Parera, and Mrs. Santoshi Santosh Pradhan, were convicted by the ...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Mandatory Provisions. Conviction under Sections 8(c) read with Section 20(C) of NDPS Act, 1985 set aside for failure to comply with Sections 42 and 50.

26 Oct 2018

The appellants, Mangalsingh @ Mangesh Chatursingh Onavale, Ambadas Tukaram Pawar, and Sunil Ranjit Mohite @ Dada, were convicted by the NDPS Special C...

High Court

Bombay High Court Dismisses Petition Challenging Forfeiture of Flat Under NDPS Act Due to Res Judicata and Delay. Earlier Dismissal of Writ Petitions and SLP Bar Re-agitation of Same Issues Under Article 226.

28 Sep 2012

The petitioners, Smt. Gulbanu Hassanali Rupani (aged 85) and Smt. Hasina S. Hemani, filed a criminal writ petition under Article 226 of the Constituti...

High Court

Bombay High Court Dismisses Petition Seeking Test Reports Under Drugs and Cosmetics Act in NDPS Prosecution. Section 25(2) of Drugs and Cosmetics Act, 1940 applies only to samples collected by Inspector under that Act, not to samples collected under NDPS Act, 1985.

4 Jul 2012

The petitioner, M/s. Kamud Drugs Pvt. Ltd., filed a criminal writ petition before the Bombay High Court seeking a direction to respondent No.2, the Ce...

High Court

Bombay High Court Upholds Acquittal in NDPS Case Due to Procedural Lapses — Non-Compliance with Sections 55 and 57 of NDPS Act, 1985, Causes Prejudice to Accused. State Appeal Dismissed as Prosecution Failed to Prove Possession of Brown Sugar Beyond Reasonable Doubt.

5 May 2005

The State of Maharashtra filed an appeal against the judgment of the Additional Sessions Judge, Pune, dated 15/7/1994, acquitting the respondent-accus...

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