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Search Results for "narcotics"

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Supreme Court

Supreme Court Grants Bail to Accused in NDPS Act Case Due to Prolonged Incarceration and Right to Speedy Trial. The court held that prolonged incarceration without trial violates Article 21 of the Constitution, justifying bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, despite strict bail conditions.

28 Mar 2023

The dispute involved an appellant accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, seeking bail after prolonged incarceration. ...

Supreme Court

Supreme Court Upholds Central Government's Decision in Repatriation of Prisoners Act Case Due to Discretionary Powers and International Comity. The Court held that adaptation of sentences under Section 13(6) is not mandatory and the High Court erred in directing reduction without considering administrative discretion and binding treaty obligations.

11 Jan 2022

The dispute arose from the conviction of the Respondent by the Supreme Court of Mauritius for possession of 152.8 grams of heroin, resulting in a 26-y...

High Court

Bombay High Court Examines Bail Application of Accused in NDPS Case on Grounds of Illegal Detention. Question Whether Production on Transfer Warrant Satisfies Requirement of Production Within 24 Hours Under Article 22(2) and Section 57 CrPC Raised.

27 Jan 2005

The matter arose from a bail application filed by the accused in an NDPS case. The accused was charged under Section 29 of the Narcotic Drugs and Psyc...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Incomplete Chargesheet and Non-Compliance with Section 36-A(4) of NDPS Act. Court held that filing of chargesheet without FSL Report and without proper extension under Section 36-A(4) renders the chargesheet incomplete, entitling accused to default bail under Section 167(2) CrPC.

3 Jul 2024

The applicants were arrested on 18.5.2023 in connection with Crime No.401/2023 for offences under Sections 8(b), 8(c), 21(c), and 29 of the NDPS Act f...

Supreme Court

Supreme Court Allows Appeals in NDPS Evidence Tampering Case — High Court's Quashing of Cognizance Upheld but Direction for De Novo Proceedings Set Aside. Section 195(1)(b) CrPC Bar Applies to Offences Involving Court Property Under Custodia Legis, but High Court Cannot Order Fresh Proceedings Without Proper Complaint.

6 Dec 2024

The case originates from a 1990 NDPS case where an Australian national, Andrew Salvatore, was convicted for possessing charas. During appeal, the High...

High Court

High Court of Karnataka Quashes Preventive Detention Order Under PITNDPS Act for Non-Application of Mind and Lack of Proximate Link. Detention order set aside as the detaining authority failed to consider the petitioner's pending bail application and the order was passed mechanically without proper application of mind.

12 May 2020

The petitioner, Mr. Kenneth Jideofor, challenged a preventive detention order dated 23.01.2020 passed by the Joint Secretary to the Government of Indi...

Supreme Court

Supreme Court Refers to Larger Bench Whether Investigation by Complainant Police Officer Under NDPS Act Vitiate Trial — Mohan Lal Decision's Applicability Examined. The court considers the conflict between Mohan Lal v. State of Punjab (holding trial vitiated) and Varinder Kumar v. State of Himachal Pradesh (holding prospective application) and refers the matter to a five-judge bench.

31 Aug 2020

This judgment arises from a batch of special leave petitions challenging convictions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

High Court

Bombay High Court Dismisses State's Petition Challenging Rejection of Application for Resending Remand Application in NDPS Case — Revision Petition Time-Barred and Writ Not Maintainable. The court held that the order rejecting the application for resending the remand application was not an interlocutory order, but the revision petition was filed beyond the limitation period of 90 days under Article 131 of the Limitation Act, 1963, and no condonation of delay was sought, hence the revision was not maintainable.

26 Jul 2018

The State of Maharashtra, through the DCB CID Unit I, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of...

Supreme Court

Supreme Court Allows Appeals Against Preventive Detention Under PITNDPS Act for Lack of Application of Mind to Custody and Bail Likelihood. Detention Orders Quashed as Detaining Authority Failed to Record Satisfaction That Detenus in Judicial Custody Were Likely to Be Released on Bail and Would Indulge in Prejudicial Activity.

20 Dec 2024

The Supreme Court considered appeals against the dismissal of writ petitions challenging preventive detention orders under the Prevention of Illicit T...

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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