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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)...

Supreme Court

Supreme Court Acquits Appellant in NDPS Case Due to Inadmissible Confession and Lack of Evidence. Conviction under Sections 22(c) and 29 of NDPS Act set aside as prosecution failed to prove supply or conspiracy beyond reasonable doubt.

3 Sep 2024

The appellant, Ajay Kumar Gupta, was accused no.2 in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The prosecution...

High Court

High Court of Bombay at Goa Acquits Accused in NDPS Case Due to Non-Compliance of Section 50 and Doubtful Chain of Custody. LSD Recovery Allegation Fails as Prosecution Could Not Establish That the Seized Substance Was the Same as That Tested by the Chemical Analyser.

14 Sep 2023

The appellant, Roque @ Rocky Fernandes, was convicted by the Additional Sessions Judge, North Goa, Mapusa in Special Criminal Case No.22/2015 for offe...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Mandatory Provisions. Conviction under Sections 8(c) read with Section 20(C) of NDPS Act, 1985 set aside for failure to comply with Sections 42 and 50.

26 Oct 2018

The appellants, Mangalsingh @ Mangesh Chatursingh Onavale, Ambadas Tukaram Pawar, and Sunil Ranjit Mohite @ Dada, were convicted by the NDPS Special C...

High Court

Bombay High Court Upholds Conviction in NDPS Case for Possession of Charas — Conscious Possession Established. The court held that the presumption of conscious possession under Sections 54 and 35 of the NDPS Act was not rebutted by the appellant, who failed to prove that the contraband belonged to another person.

6 Jul 2005

The appellant, Mohammed Aslam, was convicted by the Special Judge, Goa, in Special Criminal Case No. 35/2001 for an offence under Section 20(b)(ii) of...

High Court

High Court of Judicature at Bombay Heard Constitutional Challenge to Section 31-A of the NDPS Act, 1985, Imposing Mandatory Death Penalty for Repeat Drug Offences. The petition questioned whether mandatory death penalty for non-homicidal drug offences under Section 31-A violates fundamental rights under Articles 14 and 21 of the Constitution of India.

16 Jun 2011

The matter involved two writ petitions filed under Article 226 of the Constitution challenging the constitutional validity of Section 31-A of the Narc...

High Court

Bombay High Court Cancels Bail in NDPS Case — Commercial Quantity of Opium Determined by Total Weight, Not Morphine Content. The court held that the Special Judge erred in calculating morphine content to bring the quantity below the commercial threshold, and the bar under Section 37 of NDPS Act applies.

12 Dec 2011

The Union of India filed an application for cancellation of bail granted to the respondents (original accused) by the Special Judge (NDPS Act), Pune, ...

Supreme Court

Supreme Court Acquits Accused in NDPS Act Case Due to Procedural Violations and Evidence Tampering Risk. Conviction Overturned as Seized Contraband Was Improperly Sealed and Stored for 15 Days in Investigating Officer's Office, Violating Section 52A NDPS Act and Standing Order No. 1/89, Creating Reasonable Doubt About Evidence Integrity.

25 Mar 2025

The Supreme Court heard three criminal appeals arising from a common judgment of the High Court of Telangana, which had partly allowed one appeal acqu...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case for Possession of LSD and Charas Below Commercial Quantity. Rigors of Section 37 NDPS Act Not Attracted as Recovered Quantity Was Less Than Commercial Quantity.

7 Dec 2020

The applicant, Hitesh Hemant Malhotra, was arrested on 8 June 2019 for offences under Sections 8(c), 20(b), 22(c) and 29 of the Narcotic Drugs and Psy...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Conviction under Sections 15, 22, 25 of NDPS Act and Section 18(C) of Drugs and Cosmetics Act set aside as search and seizure conducted without proper authorization and without informing accused of right to be searched before Gazetted Officer or Magistrate.

8 Oct 2013

The appeal arises from the judgment and order of the Special Court (NDPS) in Special Case No. 3/2011, whereby the appellants, Satpalsingh @ Raja s/o J...

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