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Gujarat High Court Quashes Preventive Detention Order in NDPS Case for Lack of Material Showing Disturbance to Public Order. Past Offences Under NDPS Act Do Not Justify Preventive Detention Without Evidence of Threat to Public Health or Order.

The present petition was filed by Chandaben Shuklal Thamaji Jadav through his son Sanjaybhai Shuklal Jadav (the detenu) challenging the legality and v...

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Bombay High Court Grants Anticipatory Bail to Applicants in NDPS Case — No Recovery from Applicants, Only Co-accused. Section 37 NDPS Act Not Attracted as Applicants Not Found in Conscious Possession of Contraband.

The applicants, Hetan Ram Gangwani and Yash Ram Gangwani, filed an application under Section 438 of the Code of Criminal Procedure, 1973, seeking anti...

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Bombay High Court Dismisses Petition Challenging SAFEMA Notice Against Family Members of Convicted NDPS Offender. Property Attachment Under SAFEMA Sections 68A-68I Upheld as Independent of Criminal Trial Outcome.

The petitioners, Zaibunissa Ebrahim Khan, Junaid Ebrahim Khan, Faizal Ebrahim Khan, Imran Ebrahim Khan, and Afzal Ebrahim Khan, are family members of ...

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Bombay High Court Quashes FIRs Against Accused in NDPS Case Due to Non-Compliance with Section 50 — Search Conducted Without Informing Right to be Searched Before Gazetted Officer or Magistrate

The petitioners, Geoffrey Peter D'souza and Shripad Dinkar Paradkar @ Nilesh Paradkar, filed separate criminal writ petitions under Article 226 of the...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Search of Bag Without Informing Right to be Searched Before Gazetted Officer or Magistrate

The appellant, Jude Okonkwo Chukwuemeka, a Nigerian national, was convicted by the trial court for an offence under Section 8(c) read with Section 21(...

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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 Conviction Unsustainable.

The appellant, Gangaram s/o Jairam Chaudekar, was convicted under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS A...

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Bombay High Court at Goa Acquits Accused in NDPS Case for Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Search and Seizure of Charas from Hotel Room Vitiated as Mandatory Procedural Safeguards Not Followed.

The appellant, Dhansur Ghartimagar, was convicted by the Special Judge under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Ac...