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Search Results for "Narcotics Control Bureau"

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High Court

Bombay High Court Upholds Conviction in NDPS Case for Possession of Commercial Quantity of Charas — Rejects Argument That Quantity Must Be Weighed After Excluding Packing Material. The court held that the weight of the contraband substance for determining commercial quantity under Section 20(b)(ii)(C) of the NDPS Act is the weight of the substance itself, and the prosecution is not required to exclude packing material.

12 Aug 2011

The appellant, Nandlal Shyamdas, was convicted by the Special Judge, NDPS Court, Mapusa, for an offence under Section 8(c) read with Section 20(b)(ii)...

High Court

Bombay High Court Dismisses Petition Seeking Quashing of FIR in NDPS Act Case — Ignorance of Gazette Notification Not a Defence. Export of Controlled Substance Without NOC from Narcotics Commissioner Constitutes Prima Facie Offence Under Sections 9A, 25A, 29, 59 of NDPS Act.

22 Jul 2024

The applicant, a director of Vivalavita Pharmaceuticals Pvt. Ltd., sought quashing of FIR No. 48 of 2019 registered by the Anti Drug Department, Azad ...

High Court

High Court of Bombay at Goa Upholds Conviction of Japanese National in NDPS Case for Possession of LSD and Charas — Procedural Lapses Not Fatal to Prosecution. The court held that Section 50 of NDPS Act does not apply to vehicle searches, and conscious possession was proved beyond reasonable doubt.

1 Oct 2019

The appellant, a Japanese national, was convicted by the Special Judge of the Narcotic Drugs and Psychotropic Substances Court, Mapusa, for offences u...

High Court

High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Commercial Quantity Evidence. The court held that the search and seizure without complying with Section 50 of NDPS Act vitiates the seizure and that the quantity of ganja (45 kg) was not established as commercial, thus Section 37 rigors not attracted.

8 Feb 2021

The petitioner, Sri Ranjith R.S., filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking bail in connec...

High Court

High Court of Karnataka Dismisses NCB Petition Challenging Special Court's Order Granting Interim Custody of Vehicle in NDPS Case — Special Court Under NDPS Act Has Jurisdiction to Entertain Application Under Sections 451 and 457 Cr.P.C. for Interim Custody of Seized Vehicle. The court held that the NDPS Act does not exclude the application of Cr.P.C. provisions for interim custody, and the Special Court, being a Court of Session, has the power to pass such orders.

14 Feb 2025

The petitioner, Intelligence Officer, Narcotics Control Bureau, Bangalore Zonal Unit, challenged an order dated 01.06.2022 passed by the XXXIII Additi...

High Court

High Court of Bombay at Goa Upholds Conviction in NDPS Case for Possession of 4.5 kg Ganja — Ten Years' Rigorous Imposition Confirmed. Appeal Dismissed as Prosecution Proved Conscious Possession and Compliance with Section 50 of NDPS Act, 1985.

28 Nov 2019

The appellant, Ishwar Buddha, was convicted by the Special Judge, NDPS Court, South Goa, for an offence under Section 20(b)(ii)(C) of the Narcotic Dru...

High Court

Bombay High Court Dismisses Union of India's Applications for Cancellation of Bail in NDPS Case — No Supervening Circumstances or Misuse of Bail Established. The court held that cancellation of bail requires higher threshold such as interference with investigation or tampering of evidence, and mere disagreement with the trial court's order is not sufficient under Section 439(2) of CrPC.

17 Feb 2011

The Union of India filed multiple applications under Section 439(2) of the Code of Criminal Procedure, 1973 seeking cancellation of bail granted to si...

High Court

High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Recovery from Accused. The court held that the twin conditions under Section 37 of NDPS Act were not satisfied as the prosecution failed to show reasonable grounds for guilt, and the recovery was not from the accused.

29 May 2020

The petitioner, Shaikh Nizamuddin Mohd Kasim, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in con...

High Court

Bombay High Court Dismisses Revision Against Rejection of Discharge in NDPS Case — Possession of Narcotic Drug Sufficient for Prima Facie Case. Court held that at the stage of framing of charge, the court is not required to weigh the evidence meticulously and the existence of a prima facie case is sufficient to proceed with the trial.

22 May 2020

The applicant, Anant Vardhan Pathak, was accused of offences under Section 8(c) read with Section 21(b) of the Narcotic Drugs and Psychotropic Substan...

High Court

Bombay High Court Confirms Death Sentence of Repeat Offender in NDPS Act Case. Accused Found with 188 kg Hashish and Previously Convicted; Enhanced Punishment Under Section 31-A of NDPS Act Imposed for Possession of Commercial Quantity.

7 May 2012

The case arose from a letter dated 13-01-2002 sent by the Zonal Director, NCB, Ahmedabad to the Zonal Director, NCB, Mumbai, informing about the inter...

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