Search Results for "NDPS Act"

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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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High Court of Karnataka Allows Parole for Convict in NDPS Case Despite Bar Under Section 32A — Distinguishes Parole from Remission. The Court held that Section 32A of NDPS Act does not bar parole as parole is a temporary release for a specific purpose and not a remission or suspension of sentence.

The petitioner, Arjun S/o Lakkappa Hurakannavar, a convict under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), was serving his ...

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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 Quashes FIR in Essential Commodities Act Case Due to Invalid Investigation by Assistant Commissioner of Police. Investigation by officer not of rank of Deputy Superintendent of Police violates Section 6A of Essential Commodities Act, 1955, leading to quashing of FIR and proceedings.

The petitioners, Sarvesh Kumar Shahi and Samiresh Kumar, filed a writ petition before the Bombay High Court challenging the initiation of proceedings ...

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Bombay High Court Quashes Order Allowing Re-examination During Cross-examination in NDPS Case — Re-examination Permissible Only After Cross-examination Under Section 137 of Indian Evidence Act, 1872

The applicant, accused in NDPS Special Case No.51 of 2011 pending before the Special Judge for NDPS, Greater Mumbai, challenged an order dated 19 June...

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Bombay High Court Allows Appeals of Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act. Conviction for Possession of Hashish Set Aside as Search and Seizure Were Conducted Without Proper Authorization and Without Informing Accused of Their Rights.

The case involves two criminal appeals filed by Satyawan Pagi (A1) and Vimal Singh (A2) against their conviction and sentence under Section 20(b)(ii)(...