Search Results for "seizure delay"

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Search Results for "seizure delay"

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High Court

Bombay High Court Dismisses Petitions Challenging Income Tax Search and Seizure Action Under Section 132 of the Income Tax Act, 1961. Court Holds That Formation of Reason to Believe by the Authorizing Officer Is Based on Material on Record and Not Open to Challenge Unless Malafide or No Material Exists.

10 May 2024

The petitioners, a private limited company and its directors and their relatives, challenged the search and seizure action conducted on 9th and 10th J...

Supreme Court

Supreme Court Upholds Conviction in NDPS Case for Ganja Possession — Mandatory Compliance with Section 50 NDPS Act and Sampling Procedure Upheld. Appellants convicted for possessing 80 kg ganja, sentenced to 10 years RI, fine of Rs.1,00,000 each.

1 Jan 2023

The appeals arose from a judgment of the High Court of Telangana dismissing the criminal appeal against conviction under the NDPS Act. The appellants ...

High Court

High Court of Karnataka Acquits Accused in NDPS Act Case Due to Non-Compliance with Mandatory Search and Seizure Procedures. Failure to Join Independent Witnesses and Non-Production of Seized Contraband Before Court Renders Conviction Unsustainable Under Section 20(b) of NDPS Act, 1985.

15 Dec 2021

The case pertains to a criminal appeal filed by Mustaq Ahamed alias Maamu and Siraj Basha alias Siraj alias Gunda against the judgment of conviction a...

High Court

Bombay High Court Quashes Search and Seizure Conducted by Karnataka Police in Maharashtra Without Jurisdiction — Warrant Issued by Magistrate Outside Territorial Limits Invalid Under CrPC. The court held that a Magistrate cannot issue a search warrant for execution outside his territorial jurisdiction without following Sections 78 or 79 of the Code of Criminal Procedure, 1973, and the seizure based on such invalid warrant is illegal.

7 May 2021

The petitioners, traders in Nagpur, Maharashtra, challenged the seizure of rice bags from their godowns by the Karnataka Police (respondent No.1) acti...

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 Revision Against Rejection of Discharge in NDPS Case — Possession of Narcotic Drug Sufficient for Prima Facie Case. Court held that at the stage of framing of charge, the court is not required to weigh the evidence meticulously and the existence of a prima facie case is sufficient to proceed with the trial.

22 May 2020

The applicant, Anant Vardhan Pathak, was accused of offences under Section 8(c) read with Section 21(b) of the Narcotic Drugs and Psychotropic Substan...

High Court

High Court of Karnataka Adjudicates Appeal Against Conviction for Offences Under IPC, Explosive Substances Act, Arms Act, and UAPA. Appellant Challenges Trial Court Findings Alleging Inconsistent Evidence and Procedural Lapses.

29 Nov 2019

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Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

High Court

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.

16 Dec 2016

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

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Conviction under Sections 15, 22, 25 of NDPS Act and Section 18(C) of Drugs and Cosmetics Act set aside as search and seizure conducted without proper authorization and without informing accused of right to be searched before Gazetted Officer or Magistrate.

8 Oct 2013

The appeal arises from the judgment and order of the Special Court (NDPS) in Special Case No. 3/2011, whereby the appellants, Satpalsingh @ Raja s/o J...

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