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High Court of Karnataka Quashes NDPS Proceedings Against Petitioner for Lack of Evidence of Conscious Possession and Commercial Quantity. Court holds that mere presence in a vehicle with contraband does not constitute possession under Section 20(b)(ii)(A) of NDPS Act without proof of knowledge and control.

The petitioner, Mr. Kalam Narendra, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of...

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Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 and Reliance on Inadmissible Section 67 Statements. Conviction for Possession of Heroin Set Aside as Mandatory Safeguards Were Not Followed and Confessional Statements Were Inadmissible Under Tofan Singh.

The Supreme Court allowed the appeals of Anwarkhan Jahilkhan Pathan and Firdoskhan Khurshidkhan Pathan against their conviction under the Narcotic Dru...

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Bombay High Court Dismisses Appeal by Narcotics Control Bureau Against Acquittal 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 appeal was filed by the Narcotics Control Bureau against the acquittal of the respondent for an offence under Section 21 read with Section 8(c) of...

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Supreme Court Acquits Accused in NDPS Case Due to Insufficient Evidence — Confession of Co-Accused and Retracted Confession Without Corroboration Cannot Sustain Conviction for Financing Illicit Traffic Under Section 27A NDPS Act

The Supreme Court allowed the appeal of Mohammed Fasrin, who was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) b...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Conscious Possession. Conviction under Section 21(c) read with Section 8(c) and Section 29 of NDPS Act set aside as prosecution failed to prove possession and comply with mandatory safeguards.

The appellant, Gilbert Martin Onuoho, was convicted by the Special Judge (NDPS Act), Greater Mumbai, in NDPS Special Case No. 70 of 2009 for offences ...

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Bombay High Court Upholds Conviction in NDPS Case for Possession of 92 Grams Heroin — Non-Commercial Quantity Sentenced to Two Years RI. Compliance with Section 50 of NDPS Act and Procedural Safeguards Found Adequate.

The appellant, Samsun Donald Dokubo, was convicted by the Special Judge under the NDPS Act for possession of 92 grams of heroin, a non-commercial quan...

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Bombay High Court Dismisses Petition of Convicted Drug Trafficker Seeking Transfer to India Under Repatriation Act — Petitioner Failed to Show Compliance with Section 3(1) of Repatriation of Prisoners Act, 2003

The petitioner, Prem Kishore Raj, was convicted by the Supreme Court of Mauritius on 18th December 1997 for drug trafficking and sentenced to penal se...

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Bombay High Court Acquits South African National in NDPS Case Due to Non-Compliance with Mandatory Sampling and Sealing Procedures. Conviction under Sections 8(c), 21(c), 23, 28, 29 of NDPS Act set aside as prosecution failed to prove contraband was the same as seized.

The appellant, a South African national, was convicted by the Special Judge for NDPS Act cases for offences under Sections 8(c) read with Sections 21(...

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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 Search Illegal and Conviction Unsustainable.

The appellant, a Nigerian national, was convicted by the Special Judge in NDPS Case No. 116 of 2000 for an offence under Section 8(c) punishable under...