Search Results for "Section 52A"

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Search Results for "Section 52A"

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High Court

Bombay High Court Acquits Three Accused in NDPS Case Due to Non-Compliance with Mandatory Search and Seizure Provisions. Failure to Join Independent Witnesses and Non-Observance of Section 50 of NDPS Act Renders Conviction Unsustainable.

18 Apr 2019

The appellants, Sau. Mankarna, Sau. Panchafula, and Udaybhan, were convicted by the Additional Sessions Judge, Wardha, under Section 20(B)(2)(c) of th...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act, 1985. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable.

21 Aug 2017

The appellant, Sheikh Mehboob Sheikh Hussain, was convicted by the learned Special Judge (NDPS Court), Nagpur, in Special Criminal Case No.47/2001 und...

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 of Karnataka Quashes Remand Order and Grants Bail in NDPS and Arms Act Case — Non-Compliance with Section 52A of NDPS Act Renders Seizure Suspect. The court held that the mandatory procedure under Section 52A of the NDPS Act for sampling and certification of seized contraband was not followed, making the seizure invalid and the remand order unsustainable, thereby granting bail to the accused.

29 Mar 2022

The petitioner, Mr. Sayyad Mohammad @ Nasim, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Ka...

High Court

Bombay High Court Dismisses Review Petition for Abuse of Process — Petitioner Found to Have Consistently Misled Courts from Civil Court to Supreme Court. Review Petition Filed Under Liberty Granted by Supreme Court Dismissed with Costs of Rs. 5 Lakhs for Deliberate Misrepresentation and Suppression of Material Facts.

10 Jul 2019

The judgment concerns a Review Petition (L) No. 19103 of 2019 filed by Mohd Talib Habib Shaikh, who was respondent no. 7 in Writ Petition No. 2061 of ...

Supreme Court

Supreme Court Acquits Accused in NDPS Act Case Due to Procedural Violations and Evidence Tampering Risk. Conviction Overturned as Seized Contraband Was Improperly Sealed and Stored for 15 Days in Investigating Officer's Office, Violating Section 52A NDPS Act and Standing Order No. 1/89, Creating Reasonable Doubt About Evidence Integrity.

25 Mar 2025

The Supreme Court heard three criminal appeals arising from a common judgment of the High Court of Telangana, which had partly allowed one appeal acqu...

High Court

High Court of Karnataka Quashes Order Taking Cognizance Against Accused in NDPS Case for Non-Compliance with Section 52A — Statement Recorded Without Proper Safeguards Eschewed. The court held that the mandatory requirement of Section 52A of the NDPS Act, 1985 to produce seized contraband before the court for certification of inventory was not complied with, rendering the prosecution unsustainable.

28 Jul 2023

The petitioner, Mr. Emmanuel Michael, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code ...

Supreme Court

Convictions in Ganja Seizure Case Quashed by Supreme Court due to Procedural Violations. The Supreme Court acquits the accused in a narcotics case, citing flaws in search, seizure, and evidence handling.

1 Mar 2024

The Supreme Court overturned the convictions of the appellants under the NDPS Act due to procedural lapses in search, seizure, sampling, and chain of ...

High Court

High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 52A and Delay in Trial. The court held that failure to comply with mandatory provisions of Section 52A of NDPS Act and prolonged incarceration without trial justified bail despite Section 37 restrictions.

9 Jul 2020

The petitioner, Shivaraj Urs, was the second accused in a case registered by the Narcotics Control Bureau (NCB) under the Narcotic Drugs and Psychotro...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Lack of Independent Witnesses. Conviction under Section 20 read with Section 29 of NDPS Act set aside as search and seizure conducted without proper procedure and evidence of conscious possession was insufficient.

5 Jul 2018

The appellants, Baldeosingh s/o Jagannathsingh Sengar and Ishwarsingh s/o Dakursingh Gaur, were convicted by the Special Court under NDPS Act, Nagpur ...

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