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Search Results for "NDPS Act"

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Supreme Court

Supreme Court Sets Aside Bail Order in NDPS Case Due to Failure to Apply Mandatory Twin Conditions Under Section 37. High Court Erred in Granting Bail to Alleged Kingpin Without Recording Satisfaction That Accused Not Guilty and Not Likely to Commit Offence While on Bail, Contrary to Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985.

28 Mar 2023

The Supreme Court heard an appeal by the Union of India against the Allahabad High Court's order granting bail to the respondent-accused in a case und...

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 Acquits Appellant in NDPS Act Case Due to Contradictory Evidence and Non-Production of Contraband. Benefit of Doubt Granted as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

2 Mar 2020

The appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession of 6 kg 300 g of op...

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 Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

3 Mar 2010

The appellant, Rajaram s/o Tulshiram Mane, was convicted by the Special Judge, Omerga, in Special Case (NDPS) No. 03 of 2008 for an offence punishable...

High Court

Bombay High Court Dismisses State Appeal in NDPS Case Due to Non-Compliance with Section 50 and Lack of Independent Witnesses. Failure to Inform Accused of Right to be Searched Before Gazetted Officer Renders Search Illegal Under Section 50 of NDPS Act, 1985.

17 Feb 2005

The State of Maharashtra appealed against the judgment and order of the Additional Sessions Judge, Pune, dated 7th May 1987, which acquitted the respo...

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...

High Court

Bombay High Court (Goa Bench) Upholds Conviction of Accused in NDPS Case for Possession of 1.15 kg Charas — Compliance with Section 50 of NDPS Act Not Required as Recovery Was from Bag, Not Person.

3 Feb 2005

The appellant, Mohammad Asraf Koloo, was convicted by the Special Judge, Goa, under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substance...

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