Search Results for "NDPS Act, 1985"

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Search Results for "NDPS Act, 1985"

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Supreme Court

Supreme Court Allows Appeal Against Foreigners Tribunal Declaration in Assam Nationality Case — Emphasizes Right to Hearing and Burden of Proof Under Section 9 of Foreigners Act, 1946. The Court set aside the ex-parte order of the Tribunal and remanded the matter for fresh consideration, holding that the appellant was not given a fair opportunity to be heard.

11 Jul 2024

The Supreme Court considered an appeal against the Gauhati High Court's dismissal of a writ petition challenging the Foreigners Tribunal's declaration...

Supreme Court

Supreme Court Grants Bail to Foreign National in Fake Currency and UAP Act Case — Long Incarceration Without Trial Progress Warrants Release. Prolonged detention of over nine years without significant trial progress violates right to speedy trial under Article 21 of the Constitution, outweighing the risk of absconding by a foreign national.

3 Jul 2024

The appellant, Sheikh Javed Iqbal @ Ashfaq Ansari @ Javed Ansari, a Nepalese national, was arrested on 23.02.2015 after fake Indian currency notes wor...

High Court

Bombay High Court at Goa Dismisses Anticipatory Bail Applications in NDPS Act Case Involving Commercial Quantity of Ganja. Court held that the twin conditions under Section 37 of the NDPS Act bar the grant of anticipatory bail when there are reasonable grounds to believe the accused is guilty and the quantity is commercial.

19 Jan 2024

The judgment pertains to two criminal anticipatory bail applications filed by the same applicant, who was apprehending arrest in connection with offen...

High Court

Bombay High Court Quashes Detention Order Under PITNDPS Act for Non-Communication of Grounds in Language Known to Detenu. Failure to Serve Grounds in English to South African National Who Does Not Know English Violates Article 22(5) of Constitution and Section 8 of PITNDPS Act.

15 Sep 2022

The petitioner, Agisilaos Demetriades, a South African national, challenged an order of detention dated 21.09.2021 passed by Respondent No.2, the Join...

Supreme Court

Supreme Court Modifies Sentence in NDPS Case Due to Quantity Below Commercial Threshold. Appellant's Sentence Reduced from 10 to 6 Years for Possession of 6.300 kg Ganja Under Section 8(c) and 20(b) of NDPS Act.

3 Dec 2020

The appellant, Issak Nabab Shah, was convicted by the Additional Sessions Judge, Kopargaon, for offences under Section 8(c) and 20(b) of the Narcotic ...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in NDPS Case Due to Violations of Sections 42(2) and 50 of NDPS Act. Failure to Properly Inform Accused of Right to be Searched Before Gazetted Officer and Non-Compliance with Reporting Requirements Led to Acquittal.

30 Oct 2018

The State of Maharashtra appealed against the acquittal of the respondents (Smt. Phallu @ Farida w/o Sayyed Ahmed and others) by the Special Judge for...

High Court

Bombay High Court Allows Writ Petition for Return of Seized Vehicle in NDPS Act Case — Petitioner Entitled to Interim Custody of Motorcycle Seized Under Section 43 of NDPS Act, 1985, Subject to Conditions. Vehicle Not Liable to Confiscation Under Section 60 of NDPS Act as Not Used for Commission of Offence.

7 Apr 2017

The petitioner, Mukul Karandikar, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court (Bench at...

High Court

Bombay High Court Upholds Conviction of Nigerian National for Heroin Possession Under NDPS Act — Seizure Panchnama Valid Despite Panch's Language Issues. The court held that a panch witness's inability to understand English does not render the seizure panchnama inadmissible if the panch testifies to the seizure and his signature.

24 Jul 2014

The appellant, Chidi Anthony Uzoukwu, a Nigerian national, was convicted by the Special Judge, Greater Bombay, for possession of 13.800 kg of heroin u...

High Court

Bombay High Court Allows Release of Vehicle Seized in NDPS Case to Owner on Supurdnama — Vehicle Not Liable to Confiscation Without Conviction. The Court held that the NDPS Act does not bar release of a vehicle pending trial, and the Sessions Court erred in rejecting the application for interim custody.

27 Jul 2010

The petitioner, Anil Navnath Marathe, was the owner of a Mahindra Max Jeep bearing registration No. MH-12-EF-5860. He was also accused no. 2 in NDPS (...

High Court

Bombay High Court Upholds Acquittal in NDPS and Customs Act Case Due to Lack of Evidence and Procedural Lapses. Customs Department Failed to Prove Conscious Possession of Contraband and Compliance with Mandatory Search and Seizure Requirements Under NDPS Act.

10 Feb 2005

The case involves an appeal by the Assistant Collector of Customs, Bombay, against the acquittal of three respondents (original accused) by the Specia...

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