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Bombay High Court Dismisses Petition Challenging Show Cause Notice for Export of Product Containing Methyl Ethyl Ketone Without NOC. Interpretation of Schedule-B of NDPS (Regulation of Controlled Substances) Order, 2013 Requires Factual Investigation.

The petitioner, Dow Chemical International Pvt. Ltd., filed a writ petition seeking a declaration that it is not required to obtain a No Objection Cer...

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Supreme Court Upholds Conviction of Accused in NDPS Case Based on Confessional Statements and Recovery of Charas. Statements under Section 67 of NDPS Act, 1985 held admissible and voluntary, and recovery of contraband from house and auto rickshaw established guilt beyond reasonable doubt.

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Gujarat High Court, which had affirmed the conviction of S...

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Supreme Court Restores Bail to Accused in NDPS Case Due to Lack of Recovery and Inadmissibility of Confessional Statements. Court Holds That Confessional Statements Under Section 67 NDPS Act Are Inadmissible and That Absence of Contraband Recovery and Inconclusive Test Reports Weigh in Favor of Bail.

The Supreme Court dealt with two special leave petitions arising from a common judgment of the Madras High Court concerning bail under the Narcotic Dr...

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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.

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...

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High Court of Bombay at Goa Acquits Appellant in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act. Failure to Record Reasons for Search and Non-Communication of Right to be Searched Before Gazetted Officer or Magistrate Leads to Acquittal.

The appellant, Ivan Miguel, a Portuguese national, was convicted by the learned Special Judge in NDPS Criminal Case No.16/2014 for offences under Sect...

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Supreme Court Upholds Conviction Under Section 21(c) NDPS Act but Reduces Sentence to 16 Years. Court Holds That Section 32B Does Not Limit Sentencing Discretion to Enumerated Factors; Other Relevant Factors Like Quantity May Be Considered.

The appeal arose from a conviction under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The appellant, Rafiq Qu...

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Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Conviction for Possession of 85.810 kg Ganja Set Aside as Mandatory Search and Seizure Procedures Were Not Followed.

The appellants, Mobin Khan and Taslim Khan, were convicted by the learned District Judge-6 and Additional Sessions Judge, Nagpur in Special (N.D.P.S.)...

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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...