Search Results for "NDPS Act, 1985"

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Search Results for "NDPS Act, 1985"

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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

Bombay High Court Quashes Extension of Investigation Period in NDPS Case for Non-Compliance with Section 36A(4). Failure to Serve Notice on Accused Before Granting Extension Renders Order Invalid and Accused Entitled to Bail.

4 Dec 2021

The judgment concerns five applications under Section 482 of the Code of Criminal Procedure, 1973, filed by accused persons in Crime No. 1089/2020 reg...

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 Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act and Lack of Independent Witnesses. The court held that the mandatory requirement of informing the accused of his right to be searched before a Gazetted Officer or Magistrate under Section 50 of NDPS Act was not complied with, and the panch witnesses were not independent, thereby entitling the accused to bail under Section 439 CrPC.

26 Nov 2020

The petitioner, Magoola John, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in Crime No.42/2...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in NDPS Case Due to Non-Compliance with Mandatory Provisions. Failure to Join Independent Panch Witnesses and Non-Examination of Material Witnesses Renders Prosecution Case Doubtful.

13 Oct 2020

The State of Maharashtra filed an appeal against the judgment and order of acquittal dated 7th May, 1997 passed by the learned Special Judge, Greater ...

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

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 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 Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Conscious Possession. Conviction under Section 21(c) read with Section 8(c) and Section 29 of NDPS Act set aside as prosecution failed to prove possession and comply with mandatory safeguards.

9 Apr 2018

The appellant, Gilbert Martin Onuoho, was convicted by the Special Judge (NDPS Act), Greater Mumbai, in NDPS Special Case No. 70 of 2009 for offences ...

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...

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