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Gujarat High Court Dismisses State Appeal Against Acquittal in NDPS Case Due to Lack of Independent Witnesses and Procedural Lapses. Acquittal of Accused for Possession of Contraband in Jail Upheld as Prosecution Failed to Prove Conscious Possession Beyond Reasonable Doubt.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal dated ...

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Gujarat High Court Dismisses State Appeal Against Acquittal in NDPS Case Due to Non-Compliance with Mandatory Provisions. Failure to comply with Sections 42 and 50 of NDPS Act regarding search and seizure renders trial vitiated.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 21.0...

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Gujarat High Court Grants Bail to NDPS Accused Due to Trial Delay and Parity with Co-Accused. Applicant arrested under Sections 8(c), 22(b) and 29 of NDPS Act granted bail as trial not commenced and co-accused similarly situated already bailed.

The applicant, Rahul @Babalu S/o. Shashipal Sharma, filed a successive regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sa...

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Bombay High Court Acquits Accused in NDPS Act Case Due to Non-Compliance with Section 42. Failure to Record Information and Forward Report to Superior Officer Renders Search Illegal.

The appellant, Dnyandeo s/o Atmaram Aswar, was convicted by the 1st Adhoc Additional Sessions Judge, Akola, in Sessions Trial No. 8/2002 for an offenc...

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Bombay High Court Acquits Accused in Abetment of Suicide and Cruelty Case — Dying Declaration Lacks Ingredients of Abetment and Cruelty. Accused's refusal to maintain wife does not constitute abetment of suicide under Section 306 IPC or cruelty under Section 498A IPC.

The appellant, Shalikram s/o Kisan Gaikwad, was convicted by the 2nd Additional Sessions Judge, Washim, for offences under Sections 306 and 498A of th...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Conscious Possession. Conviction under Section 21(c) read with Section 8(c) and Section 29 of NDPS Act set aside as prosecution failed to prove possession and comply with mandatory safeguards.

The appellant, Gilbert Martin Onuoho, was convicted by the Special Judge (NDPS Act), Greater Mumbai, in NDPS Special Case No. 70 of 2009 for offences ...

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Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Lack of Independent Witnesses. Conviction under Section 20 read with Section 29 of NDPS Act set aside as search and seizure conducted without proper procedure and evidence of conscious possession was insufficient.

The appellants, Baldeosingh s/o Jagannathsingh Sengar and Ishwarsingh s/o Dakursingh Gaur, were convicted by the Special Court under NDPS Act, Nagpur ...

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Bombay High Court Dismisses State Appeal Against Acquittal in NDPS Case Due to Violations of Sections 42(2) and 50 of NDPS Act. Failure to Properly Inform Accused of Right to be Searched Before Gazetted Officer and Non-Compliance with Reporting Requirements Led to Acquittal.

The State of Maharashtra appealed against the acquittal of the respondents (Smt. Phallu @ Farida w/o Sayyed Ahmed and others) by the Special Judge for...