Search Results for "Narcotic Drugs and Psychotropic Substances Act"

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Search Results for "Narcotic Drugs and Psychotropic Substances Act"

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High Court

High Court of Karnataka Dismisses NCB Petition Challenging Special Court's Order Granting Interim Custody of Vehicle in NDPS Case — Special Court Under NDPS Act Has Jurisdiction to Entertain Application Under Sections 451 and 457 Cr.P.C. for Interim Custody of Seized Vehicle. The court held that the NDPS Act does not exclude the application of Cr.P.C. provisions for interim custody, and the Special Court, being a Court of Session, has the power to pass such orders.

14 Feb 2025

The petitioner, Intelligence Officer, Narcotics Control Bureau, Bangalore Zonal Unit, challenged an order dated 01.06.2022 passed by the XXXIII Additi...

Supreme Court

Supreme Court Refers Conflict Between High Courts on Settlement Commission Jurisdiction Under Customs Act — Personal Liberty and Right to Settle Disputes Under Chapter XIVA of Customs Act, 1962. The Court directed the matter to be placed before the Chief Justice of India due to divergence of opinion between Bombay and Delhi High Courts on whether an accused can approach the Settlement Commission after arrest.

4 May 2023

The present writ petition was filed by Yamal Manojbhai, a Non-Resident Indian (NRI), under Article 32 of the Constitution of India, raising an issue o...

Supreme Court

Supreme Court Acquits Accused in NDPS Case Due to Inadmissibility of Confessional Statements Recorded by Officers Empowered Under Section 53 of NDPS Act. Confessional statement recorded under Section 67 of NDPS Act by an officer invested with powers under Section 53 is inadmissible under Section 25 of Indian Evidence Act, 1872, as such officer is a police officer.

26 Apr 2023

The Supreme Court heard two criminal appeals arising from a conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The ...

High Court

High Court Grants Bail to Accused in NDPS Case Due to Lack of Conscious Possession and Long Incarceration. The court allowed the successive bail petition under Section 439 CrPC, finding that the petitioner, accused No.5, was not in conscious possession of the ganja found in the car's dicky, and the FSL report did not directly implicate him.

11 Jan 2023

The petitioner, Mr. Sayyad Mohammad @ Nasim, filed a successive bail petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regul...

High Court

Bombay High Court Upholds Conviction of Nigerian National in NDPS Case — 13-Year Rigorous Imprisonment Affirmed. Conscious possession of 2.5 kg heroin in checked-in baggage established; presumption under Section 35 NDPS Act not rebutted.

14 Mar 2019

The appellant, Okacha Mike, a Nigerian national aged 68 years, was convicted by the Special Judge under the NDPS Act for offences punishable under Sec...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Mandatory Search and Seizure Provisions. Failure to Follow Section 42 and Section 50 of NDPS Act, 1985 Renders Recovery of Ganja Illegal and Conviction Unsustainable.

29 Jan 2015

The appellant, Amol Maruti Karande, was convicted by the Special Court under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...

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 Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

3 Mar 2010

The appellant, Rajaram s/o Tulshiram Mane, was convicted by the Special Judge, Omerga, in Special Case (NDPS) No. 03 of 2008 for an offence punishable...

High Court

Bombay High Court Acquits Iranian Nationals in Customs Narcotics Case Due to Lack of Evidence of Conscious Possession. Conviction under NDPS Act set aside as prosecution failed to prove that accused had knowledge of heroin concealed in suitcases.

1 Mar 2006

The case involves two Iranian nationals, Mohamound Mehri Allahyari (original accused No.2) and Rajabali Nejad Dehghan (original accused No.1), who wer...

High Court

Bombay High Court Dismisses Appeal Against Acquittal in NDPS and Customs Act Case Due to Procedural Lapses. Non-compliance with Section 42 of NDPS Act and absence of independent witnesses led to failure of prosecution to prove guilt beyond reasonable doubt.

10 Mar 2005

The appeal was filed by the Assistant Collector of Customs, Bombay, against an order of acquittal dated 9/11/1992 passed by the Special and Additional...

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