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High Court of Karnataka Grants Bail to Accused in Murder Case Under KCOCA — Prima Facie Case Not Made Out Against Petitioners. Court Held That Mere Presence at Scene or Association with Co-Accused Without Active Participation Does Not Attract Offences Under Karnataka Control of Organised Crime Act, 2000.

The judgment pertains to three criminal petitions filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in connection ...

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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.

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

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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.

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

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Bombay High Court Clarifies Magistrate's Power to Grant Bail in Sessions Triable Cases Under Section 437 CrPC. The court held that a Judicial Magistrate can grant bail in offences exclusively triable by the Sessions Court, subject to the limitations under the proviso to Section 437(1) CrPC.

The petitioner, Sanjay Narhar Malshe, filed a Criminal Writ Petition before the Bombay High Court challenging an FIR registered against him. However, ...

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Bombay High Court Dismisses State Appeal in NDPS Case Due to Non-Compliance with Mandatory Provisions. Acquittal of Accused for Possession of Charas and Ganja Upheld as Search and Seizure Violated Sections 42 and 50 of NDPS Act, 1985.

The State of Maharashtra appealed against the judgment and order dated 12-8-1988 passed by the IV Additional Sessions Judge, Thane, acquitting the res...

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Bombay High Court Upholds Acquittal in NDPS Case Due to Non-Compliance with Section 42 of NDPS Act, 1985. Failure to Record Information in Writing Renders Search and Seizure Invalid.

The State of Maharashtra appealed against the judgment and order dated 23-8-1988 passed by the Additional Sessions Judge, Solapur, acquitting the resp...