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Search Results for "Narcotics"

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High Court

Bombay High Court Dismisses Petition of Convict Seeking Premature Release Under Remission Policy — MCOC Act Convict Not Entitled to Benefit of 2006 Policy as Subsequent 2010 Policy Excludes Organized Crime Offenders.

5 Apr 2024

The petitioner, Arun Gulab Gawli, a convict under the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act), filed a writ petition seeking prema...

High Court

Bombay High Court Allows Defreezing of Bank Account in NDPS Case Due to Non-Confirmation of Freezing Order Within 30 Days Under Section 68-F(2) of NDPS Act, 1985. Petitioner's claim as proprietor not barred by earlier statement under Section 67.

27 Feb 2024

The petitioner, Jatinder Kaur Chilotra, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 3 December 202...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Commercial Quantity and Long Incarceration. The court held that the quantity of Codeine (200 grams) was less than commercial quantity (1000 grams), thus Section 37 NDPS Act not attracted, and granted bail considering the period of custody.

27 Sep 2023

The applicant, Mukesh Rajaram Chaudhari, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for offenc...

High Court

Bombay High Court Allows Convict's Transfer to Open Prison Under Maharashtra Open Prisons Rules, 1971 — Rejection on Grounds of Age and Physical Infirmity Set Aside. Court holds that age and physical infirmity are not valid grounds for denying transfer to open prison under Rule 4 of the Maharashtra Open Prisons Rules, 1971, as the rules do not prescribe such conditions.

11 Apr 2023

The petitioner, Sardar s/o Shahvali Khan, a convict serving life imprisonment under Section 3(3) of the Terrorist and Disruptive Activities (Preventio...

High Court

Bombay High Court Grants Default Bail to Accused Under MCOCA for Non-Compliance with Section 167(2) CrPC — Extension of Investigation Period Without Notice to Accused Invalid. The court held that the right to be heard before extension of investigation period is a fundamental facet of natural justice, and its violation entitles the accused to default bail.

3 Mar 2023

The petitioners, accused in a crime registered under Sections 307, 109 read with Section 34 IPC and Sections 3 and 25 of the Arms Act, along with prov...

High Court

Bombay High Court Allows Habeas Corpus Petition for Detenu Under COFEPOSA — Detention Order Quashed for Non-Compliance with Section 3(1) and Procedural Violations. Failure to Supply Relevant Documents and Consider Representation Renders Preventive Detention Invalid.

20 Dec 2022

The petitioner, Valy D'Costa, filed a habeas corpus petition challenging his detention under Section 3(1) of the Conservation of Foreign Exchange and ...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Secret information not reduced to writing and sent to superior officer, and accused not informed of right to be searched before Magistrate or Gazetted Officer, leading to acquittal.

19 Oct 2022

The case involves two criminal appeals filed by three appellants convicted under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances ...

High Court

Bombay High Court Dismisses Appeal Against MCOCA Charges in Robbery Case — Appellant Fails to Show Lack of Prima Facie Evidence for Organized Crime. Court upholds trial court's rejection of discharge, finding sufficient material to proceed under MCOCA for dacoity and robbery offences.

4 May 2022

The appellant, Maruti Navnath Sonawane, filed a criminal appeal before the Bombay High Court challenging the order of the Special Judge for MCOCA at B...

High Court

Bombay High Court Grants Default Bail to Accused in MCOCA Case Due to Non-Filing of Charge Sheet Within 90 Days. The court held that the right to default bail under Section 167(2) Cr.P.C. is not defeated by subsequent inclusion of MCOCA offences after the expiry of the statutory period.

21 Feb 2022

The appellants were arrested on 31.05.2021 in connection with Crime No.509/2021 for offences under Sections 302, 201, 120-B, 364, 212 read with Sectio...

High Court

Bombay High Court Dismisses Petition to Quash FIR in Sushant Singh Rajput Death Case — Allegations of Abetment to Suicide and Drug Nexus Require Investigation. Court holds that FIR prima facie discloses cognizable offences under IPC and NDPS Act, and quashing at threshold is not warranted.

15 Feb 2021

The petitioners, sisters of the deceased actor Sushant Singh Rajput, filed a writ petition under Article 226 of the Constitution of India read with Se...

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