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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.

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...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42(2) and Lack of Independent Witnesses. Conviction under Sections 8(c), 20(b)(ii)(c), and 29 of NDPS Act set aside as mandatory procedural safeguards were violated.

The appellant, Salim Jamshed Ali Shaikh @ Kanya, was convicted by the Special Judge (NDPS Act), Mumbai, in Special Case No.78 of 2010 for offences und...

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High Court of Karnataka Acquits Foreign Nationals in NDPS Case Due to Lack of Conscious Possession. Conviction under Sections 21(C) and 28 of NDPS Act set aside as prosecution failed to prove possession of heroin beyond reasonable doubt.

The judgment pertains to two criminal appeals filed by foreign nationals, Marek Jaroslaw Lewandowicz and Johann Tuchler, against their conviction unde...

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Bombay High Court Acquits Six Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50. Failure to Record Reasons for Search and Lack of Independent Witnesses Renders Recovery of Contraband Illegal.

The case involves six appellants who were convicted by the trial court under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...

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Supreme Court Allows Interim Custody of Vehicle in NDPS Case — Owner Not Implicated, Vehicle Not Used for Conveyance of Contraband. Lorry owner's application for interim custody allowed as vehicle was hired for lawful transport and owner was not an accused, with no evidence of owner's complicity.

The appellant, Denash, is the owner of a lorry bearing registration number TN 52 Q 0315 (Ashok Leyland, 14 wheeler). The vehicle was lawfully hired fo...