Search Results for "NDPS Act, 1985"

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Gujarat High Court Quashes Preventive Detention Order in NDPS Case for Lack of Material Showing Disturbance to Public Order. Past Offences Under NDPS Act Do Not Justify Preventive Detention Without Evidence of Threat to Public Health or Order.

The present petition was filed by Chandaben Shuklal Thamaji Jadav through his son Sanjaybhai Shuklal Jadav (the detenu) challenging the legality and v...

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High Court of Bombay at Goa Dismisses Criminal Writ Petition Challenging Remand Order in NDPS Case — Petitioner Failed to Show Illegality in Remand Proceedings. Default Bail Claim Rejected Due to Stringent Conditions Under Section 37 of NDPS Act.

The petitioner, Bharat alias Bhomaram Choudhary, filed a Criminal Writ Petition before the High Court of Bombay at Goa challenging the order of remand...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Right to Search Before Magistrate Leads to Acquittal. The court held that non-compliance with Section 50 of the NDPS Act, 1985, vitiates the trial and entitles the accused to acquittal.

The case involves four criminal appeals filed by individuals convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for p...

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Bombay High Court Quashes Direction for Registration of Crime Against Investigating Officer in NDPS Case for Lack of Jurisdiction. Special Judge's Order to Initiate Criminal Action Against IO for Delay in Filing Charge Sheet Set Aside as Without Authority of Law and in Violation of Natural Justice.

The applicant, Ashish Devidas Morkhade, a Police Sub-Instructor, was the investigating officer in Crime No.318/2021 registered under Sections 20(b) an...

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Bombay High Court Dismisses State Appeal Against Acquittal in NDPS Case Due to Lack of Conscious Possession Evidence. Failure to Seize Key and Absence of Panchanama Regarding Key Possession Led to Acquittal Under Section 20 of NDPS Act, 1985.

The State of Maharashtra appealed against the acquittal of three accused persons by the 3rd Additional Sessions Judge, Nashik, for an offence under Se...

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Bombay High Court at Goa Acquits Accused in NDPS Case for Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Search and Seizure of Charas from Hotel Room Vitiated as Mandatory Procedural Safeguards Not Followed.

The appellant, Dhansur Ghartimagar, was convicted by the Special Judge under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Ac...