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

The appellant, Bocoum Ibrahim Malienne, a Nigerian national, was convicted by the Special Judge, NDPS Court, Greater Mumbai in NDPS Special Case No. 2...

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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, ...