Search Results for "NDPS Act, 1985"

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Madras High Court Dismisses Writ Petition for Ordinary Leave to NDPS Convict Due to Bar Under Prison Rule 21(h)(3). Court Holds Convict Under NDPS Act Not Entitled to Ordinary Leave and No Extraordinary Circumstances Shown to Invoke Rule 40 Discretion.

The writ petition was filed by the wife of a convict under Article 226 of the Constitution of India, seeking a writ of certiorarified mandamus to quas...

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Bombay High Court Dismisses Challenge to Re-testing of Narcotic Samples in NDPS Case. Court Holds That Sending Reserved Sample to CFSL Does Not Prejudice Accused's Right to Fair Trial Under NDPS Act.

The applicant, Michael Onyeka Jude, challenged an order dated 10.07.2023 passed by the learned Special Judge for NDPS at Mumbai, which allowed the app...

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Supreme Court Partly Allows Appeal in NDPS Act Case, Reducing Sentence to Period Already Served. Conviction Under Section 20(b)(ii)(C) Upheld for Transporting 3327 kg of Ganja, but Sentence Modified Due to Appellant's Mitigating Circumstances as Indigent Helper.

The appeal arose from a conviction under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985, for transporting 3327 kg of...

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Supreme Court Acquits Appellant in NDPS Case Due to Lack of Conscious Possession and Flawed Investigation. Conviction for cannabis recovery quashed as prosecution failed to prove ownership and possession beyond reasonable doubt under Sections 8C, 20(b)(ii)(c), 35, 54 of NDPS Act.

The appellant, Gangadhar alias Gangaram, was convicted under Section 8C read with Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substanc...

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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 Section 50 Notice. Failure to Inform Appellant of Right to Search Before Magistrate or Gazetted Officer Renders Recovery of Contraband Illegal and Conviction Unsustainable.

The appellant, Ms. Naomi Banda, a Zambian national, was convicted by a Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 and Doubtful Seizure — Conviction for Possession of Ganja Set Aside as Search of Vehicle Without Personal Search of Accused Renders Trial Vitiated.

The case involves two appeals by Madansingh Kamalsingh Rajput and Savairam Devla Jadhav against their conviction under Section 22(c) of the Narcotic D...

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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, ...