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High Court Acquits Accused in NDPS Case Due to Non-Compliance with Mandatory Search and Seizure Procedures. Failure to Join Independent Witnesses and Lack of Proper Sampling Renders Conviction Unsustainable Under Section 20(b)(ii)(B) and 20(c) of Narcotic Drugs and Psychotropic Substances Act, 1985.

The High Court of Karnataka, Kalaburagi Bench, allowed two criminal appeals filed by Sharukh S/o Ayyub Khan and Shubham S/o Anupchand Chodhari against...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act, 1985. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable.

The appellant, Sheikh Mehboob Sheikh Hussain, was convicted by the learned Special Judge (NDPS Court), Nagpur, in Special Criminal Case No.47/2001 und...

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Bombay High Court Dismisses State Appeal Against Acquittal in Food Adulteration Case Due to Non-Compliance with Rule 14 and Section 13(2) of PFA Act. Benefit of Doubt Upheld as Prosecution Failed to Prove Proper Stirring of Oil Sample and Timely Intimation of Right to Get Sample Analyzed.

The State of Maharashtra filed an appeal under Section 378(4) of the Criminal Procedure Code, 1973 against the judgment dated 27-11-2002 in Regular Cr...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 Notice. Failure to Inform Appellant of Right to Search Before Magistrate or Gazetted Officer Renders Recovery of Contraband Illegal and Conviction Unsustainable.

The appellant, Ms. Naomi Banda, a Zambian national, was convicted by a Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

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Bombay High Court Examines Constitutional Validity of Food Safety and Standards Act, 2006 Upon Challenge by Trade Associations. Court Holds That Constitutional Challenge Cannot Be Abstract and Requires Factual Foundation of Adverse Action, But Proceeds to Hear Merits for Recurring Issues.

The Bombay High Court heard a batch of three writ petitions filed by trade associations—the Association of the Traders carrying the Food Business, M...

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High Court of Karnataka 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 Conviction Unsustainable Under Section 20(B)(ii)(b) of NDPS Act, 1985.

The appellants, Sardar S/o Hatiram Jadhav, Gyaneshwar S/o Baburao, Devidas S/o Balaji Chavan, and Vijaykumar S/o Bapurao Chavan, were convicted by the...

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Bombay High Court Dismisses State Appeal in Food Adulteration Case Due to Non-Compliance with Sampling Procedure. Failure to Follow Rule 14 of Prevention of Food Adulteration Rules, 1955 Regarding Proper Mixing and Sampling Renders Prosecution Unsustainable.

The State of Maharashtra, through Food Inspector S.G. Dharme, filed an appeal against the judgment and order dated 10/05/2000 passed by the 6th Judici...

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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)(...