Search Results for "search before Gazetted officer"

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Search Results for "search before Gazetted officer"

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Supreme Court

Supreme Court Upholds Acquittal of Accused in Narcotics Case Due to Procedural Violation in Search. The Court held that non-compliance with Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, by providing a third option for search before a police officer vitiated the trial, and the limited scope of interference in appeals against acquittal prevented reversal.

16 Mar 2026

The criminal appeal arose from a judgment of the High Court of Himachal Pradesh that set aside the conviction and sentence of the accused under Sectio...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Doubtful Seizure. Failure to Offer Personal Search Before Gazetted Officer and Inconsistent Evidence Regarding Recovery of Contraband Lead to Acquittal.

6 Apr 2021

The appellants, Gurmeet Singh and Pyarelal Shridhar Keer @ Pahalwan, were convicted by the NDPS Special Judge, Greater Bombay, for offences under Sect...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Search Conducted Without Magistrate or Gazetted Officer. Non-compliance with mandatory provision of Section 50 of NDPS Act renders conviction unsustainable.

29 Jan 2021

The appellant, Chidi Oscita Okonkowa, was convicted by the Sessions Judge, North Goa, Panaji, in Special Criminal Case No. 41/2014 (NDPS) for possessi...

High Court

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.

12 Oct 2020

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...

Supreme Court

Supreme Court Refers to Larger Bench Whether Investigation by Complainant Police Officer Under NDPS Act Vitiate Trial — Mohan Lal Decision's Applicability Examined. The court considers the conflict between Mohan Lal v. State of Punjab (holding trial vitiated) and Varinder Kumar v. State of Himachal Pradesh (holding prospective application) and refers the matter to a five-judge bench.

31 Aug 2020

This judgment arises from a batch of special leave petitions challenging convictions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

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...

Supreme Court

Supreme Court Acquits Appellant in NDPS Act Case Due to Contradictory Evidence and Non-Production of Contraband. Benefit of Doubt Granted as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

2 Mar 2020

The appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession of 6 kg 300 g of op...

High Court

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.

18 Apr 2019

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.)...

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...

High Court

Bombay High Court Dismisses Bail Application in NDPS Case Involving 1.100 kg Charas — Section 50 Compliance Not Required When Accused Declines Search Before Magistrate/Gazetted Officer. Accused not entitled to default bail under Section 167(2) Cr.P.C. as charge-sheet filed within 180 days for commercial quantity.

12 Aug 2011

The applicant, Fakir Ahmed Mohd. Shaikh, was arrested and allegedly found in possession of 1.100 kg of charas, a commercial quantity under the NDPS Ac...

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