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High Court

High Court of Karnataka Quashes NDPS Proceedings Against Accused Due to Non-Compliance with Section 42 of NDPS Act. Failure to Record Credible Information in Writing Renders Search Illegal, Entitling Accused to Benefit of Doubt.

21 Sep 2022

The petitioner, Mruthyunjaya, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the entire proceeding...

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...

Supreme Court

Supreme Court Allows State Appeal in NDPS Case: Recovery from Vehicle Search Not Vitiated by Non-Compliance of Section 50 for Personal Search. The Court held that Section 50 of the NDPS Act applies only to personal search, and recovery of contraband from a vehicle can independently sustain a conviction under Section 15.

15 Oct 2019

The State of Punjab appealed against the judgment of the High Court of Punjab and Haryana which had set aside the conviction and sentence of Baljinder...

High Court

High Court of Bombay at Goa Upholds Conviction of Japanese National in NDPS Case for Possession of LSD and Charas — Procedural Lapses Not Fatal to Prosecution. The court held that Section 50 of NDPS Act does not apply to vehicle searches, and conscious possession was proved beyond reasonable doubt.

1 Oct 2019

The appellant, a Japanese national, was convicted by the Special Judge of the Narcotic Drugs and Psychotropic Substances Court, Mapusa, for offences u...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance of Section 50 — Search of Bag Not Covered Under Mandatory Procedure. The court held that Section 50 of the NDPS Act applies only to personal search, not to search of a bag, and thus the conviction was set aside.

27 Jun 2019

The appellants, Rehanabi Sheikh Atiq and Sheikh Sohel Sheikh Atiq, were convicted by the Additional Sessions Judge, Wardha in Special (NDPS) Case 2/20...

High Court

High Court of Bombay at Goa Upholds Conviction in NDPS Act Case for Possession of 2.225 kg Charas. Mandatory compliance with Section 50 of NDPS Act not triggered as recovery was from bag, not person.

10 Jun 2019

The appellant, Krishna S/o Kavi Raj Malla, was convicted by the Special Judge of Narcotic Drugs & Psychotropic Substances Court, Mapusa, for the offen...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Lack of Conscious Possession and Non-Compliance with Section 37 Conditions. The court held that mere disclosure by co-accused without independent evidence does not constitute prima facie case under Section 8(c) read with Rules 22 and 29 of NDPS Act.

7 Feb 2019

The applicant, Siraj Shaikh Nasir Munshi, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection with C.R. ...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Evidence of Conscious Possession. The court held that the applicant was not present at the time of recovery and the only evidence against him was the inadmissible statement of co-accused, thus the rigours of Section 37 of NDPS Act were not attracted.

7 Feb 2019

The applicant, Siraj Shaikh Nasir Munshi, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with C.R. N...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42 of NDPS Act. Secret Information Not Reduced to Writing and Sent to Superior Officer, Rendering Search and Seizure Illegal.

19 Jun 2014

The appellant, Shaikh Ibrahim Shaikh Usman, was convicted by the Additional Sessions Judge, Malegaon in Sessions Case (NDPS) No.11 of 2004 for an offe...

High Court

Bombay High Court 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 Search Illegal and Conviction Unsustainable.

25 Apr 2014

The appellant, Vijay Dhanbahadur Thapa, was convicted by the Special Judge, Mapusa, in Special Criminal Case No. 12/2008 for an offence punishable und...

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