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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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High Court of Karnataka Acquits Appellants in NDPS Case for Non-Compliance with Mandatory Provisions. Conviction under Section 20(ii)(c) of NDPS Act, 1985 set aside as prosecution failed to comply with Sections 42 and 50 of the Act.

The appellants were convicted by the trial court under Section 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for possession o...

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High Court of Bombay Acquits Accused in NDPS Act Case Due to Non-Compliance with Section 42. Failure to Record Information and Forward Report to Superior Officer Renders Search Illegal.

The appellant, Jagannath Jadhav, was convicted under Section 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985, by the Additional S...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50. Search of Accused Without Informing Them of Right to be Searched Before Gazetted Officer or Magistrate Renders Recovery Illegal.

The case involves four appeals filed by Abdul Rehman @ Haji Ali, Bandu @ Bunty Dagdu Udanshive, Mohammed Afzal @ Afzal Chouda Hayat Qureshi, and Zakir...

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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. Failure to Record Reasons for Search and Non-Communication of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable.

The appellant, Dinesh Palyekar, was convicted by the Special Judge, Goa, under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances ...

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Bombay High Court Dismisses State Appeal Against Acquittal in NDPS Case — Failure to Prove Cultivation of Opium Poppy Beyond Reasonable Doubt. Prosecution failed to establish that the plants seized were opium poppy due to lack of chemical analysis and independent panch witness testimony.

The State of Maharashtra appealed against the judgment and order dated 9th May 2000 passed by the learned Sessions Judge, Satara in Sessions Case No. ...

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Bombay High Court Allows Quashing of FIR in NDPS Act Case Due to Non-Compliance with Section 42. Search and Seizure Invalidated for Lack of Mandatory Authorization Under Section 42 of Narcotic Drugs and Psychotropic Substances Act, 1985.

The applicant, Go-Vigyan Anusandhan Kendra, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of...