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Supreme Court

Supreme Court Dismisses Appeal in NDPS Act Case Upholding Conviction for Ganja Possession. Search Procedure Compliance Upheld as Recovery Was from Baggage, Not Personal Search, Under Section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985.

25 Jan 2022

The appeal arose from an incident on 11.09.2010 at 10:30 AM when Sub Inspector K.S. Singh (PW-5) apprehended the appellant carrying ganja in a green p...

High Court

High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Quantity Below Commercial Threshold. Petitioner Granted Bail Under Section 439 CrPC for Offence Under Section 20(b) NDPS Act as Ganja Quantity (1.5-2 kgs) Was Less Than Commercial Quantity (20 kgs) and Seizure Was Not from Person.

8 Jul 2020

The petitioner, Palanethraiah, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking regular bail in Crim...

High Court

Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Retracted Confession and Lack of Corroboration Lead to Acquittal. Section 108 Customs Act statements retracted and not corroborated by independent evidence; prosecution failed to prove possession of smuggled gold beyond reasonable doubt.

15 Jan 2020

The case arises from a raid on 8th January 1991 at the premises of respondent no.1, Oghadmal Hiralal Jain, where five gold bars weighing 583 grams wer...

High Court

Bombay High Court Dismisses Appeal by Union of India Against Acquittal in Customs Gold Smuggling Case. Failure to Examine Material Witnesses and Prove Smuggled Origin of Gold Leads to Upholding of Acquittal Under Customs Act, 1962.

8 Jan 2020

The case involves an appeal by the Union of India against the acquittal of the respondent-accused for offences under the Customs Act, 1962 and the Imp...

High Court

Bombay High Court Dismisses Customs Appeal Against Acquittal in Gold Smuggling Case — Prosecution Fails to Prove Seizure Beyond Reasonable Doubt. Recovery of Foreign Marked Gold Bars from Accused Not Established Due to Lack of Independent Panch Witnesses and Contradictions in Evidence.

8 Jan 2020

The case pertains to an appeal filed by the Union of India through the Assistant Collector of Customs against an order of acquittal dated 4-10-2001 pa...

High Court

Bombay High Court Quashes Release of Accused Under Section 169 CrPC in NDPS Case — Special Prosecutor Acted Without Investigating Officer's Consent. The court held that the investigating officer's consent is mandatory for an application under Section 169 CrPC, and the Special Prosecutor cannot independently decide to release accused when there is evidence of possession of psychotropic substances like Tramadol without license.

4 Mar 2019

The Union of India, through the Directorate of Revenue Intelligence (DRI), filed a writ petition challenging an order dated 29 October 2018 passed by ...

High Court

High Court of Bombay at Goa Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Offer Personal Search Before Gazetted Officer or Magistrate Renders Conviction Unsustainable. The court held that the prosecution must prove compliance with Section 50 of the NDPS Act, and in the absence of such proof, the recovery of contraband is illegal and the conviction cannot stand.

4 Jul 2018

The appellant, Shripad Tandel, was convicted by the trial court under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985...

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 Quashes Preventive Detention Order Under PITNDPS Act Due to Inordinate Delay in Execution — Detenu Surrendered Voluntarily After 17 Years, Detention Order Held Stale and Non-Operative. The court held that an unexplained delay of 17 years between the passing of a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 and its execution renders the order stale and vitiates the subjective satisfaction of the detaining authority.

10 Oct 2012

The petitioner, Smt. Heena Kausar, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking to set aside a preventive det...

High Court

Bombay High Court Upholds Conviction of Appellant in NDPS Act Case for Possession of 17.5 Kg Ganja — Chance Recovery from Baggage Does Not Require Compliance with Sections 42 and 50. Evidence of Seizure and Forensic Report Sufficient to Sustain Conviction Under Section 20(b) read with Section 8(c) of NDPS Act, 1985.

29 Mar 2011

The appellant, Madhukar Swami Pallerala, was convicted by the Special Judge for NDPS cases, Greater Mumbai, under Section 20(b) read with Section 8(c)...

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