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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.

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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Supreme Court Refers to Three-Judge Bench the Question Whether Quantity of Mixture or Pure Drug Content Determines Punishment Under NDPS Act. The Court Held That E. Micheal Raj Requires Reconsideration as It Omitted Note 2 of Notification and the Scheme of the Act Treating Preparations as a Whole.

The Supreme Court, in a reference arising from multiple appeals and writ petitions, considered the correctness of the decision in E. Micheal Raj v. In...

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Gujarat High Court Upholds Acquittal in NDPS Case Due to Procedural Lapses and Lack of Independent Witnesses. DRI Officers' Failure to Comply with Mandatory Provisions of NDPS Act, 1985 Renders Seizure Doubtful.

The present appeal was filed by the Intelligence Officer of the Directorate of Revenue Intelligence (DRI) challenging the judgment and order of acquit...

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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 Search Illegal and Conviction Unsustainable.

The appellant, Vijay Dhanbahadur Thapa, was convicted by the Special Judge, Mapusa, in Special Criminal Case No. 12/2008 for an offence punishable und...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Documents. Detenu's Statement Under Section 108 of Customs Act Not Considered, Violating Article 22(5) of Constitution.

The petitioner, son of the detenu Vashdev Gobindram Adnani, challenged the detention order dated 3-11-2004 passed by the Principal Secretary to the Go...

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High Court of Karnataka Grants Bail to Accused in NDPS and Customs Act Case — Petitioner Released on Bail with Conditions. Court Held That Petitioner Not Required for Custodial Interrogation and Recovery of Contraband Already Made.

The petitioner, Kelsi Katte Mahammed Shakir, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in conn...