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Supreme Court Allows Appeals in NDPS Case: Summoning Under Section 319 CrPC After Conviction Is Impermissible. The power under Section 319 CrPC can be exercised only before the pronouncement of judgment; once the trial concludes and judgment is pronounced, the court becomes functus officio.

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Punjab and Haryana High Court, which had dismissed crimina...

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Bombay High Court Quashes Extension of Investigation Period in NDPS Case for Non-Compliance with Section 36A(4). Failure to Serve Notice on Accused Before Granting Extension Renders Order Invalid and Accused Entitled to Bail.

The judgment concerns five applications under Section 482 of the Code of Criminal Procedure, 1973, filed by accused persons in Crime No. 1089/2020 reg...

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Bombay High Court Quashes FIR in Essential Commodities Act Case Due to Invalid Investigation by Assistant Commissioner of Police. Investigation by officer not of rank of Deputy Superintendent of Police violates Section 6A of Essential Commodities Act, 1955, leading to quashing of FIR and proceedings.

The petitioners, Sarvesh Kumar Shahi and Samiresh Kumar, filed a writ petition before the Bombay High Court challenging the initiation of proceedings ...

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High Court of Bombay at Goa Orders Refund of Fine Paid After Full Sentence Served in NDPS Case — Petitioner Entitled to Refund of Rs.36,113.32 as Default Sentence Already Served. Default sentence already undergone extinguishes liability to pay fine under Section 20(b)(ii) of NDPS Act.

The petitioner, Caitan Fernandes, was convicted by the Special Judge, NDPS Court, Mapusa, Goa on 31.3.1994 in Special Criminal Case No.19/1993 for an ...

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Bombay High Court Issues Interim Directions in Drunk Driving PIL Pending Appeal Against Acquittal of Actor. Court Notes Large Number of Recent Cases Under Section 185 Motor Vehicles Act, 1988 and Directs Interim Measures.

This Public Interest Litigation (PIL) arises from an incident on 28 November 2002 in Mumbai, where the fourth respondent, a popular Hindi film star, w...

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High Court of Gujarat Denies Regular Bail to Accused in NDPS Act Case Involving Commercial Quantity of Mephedrone. Section 37(1)(b)(ii) NDPS Act imposes twin conditions for bail in commercial quantity cases, requiring court to find accused not guilty and not likely to commit offence while on bail.

The applicant, Pavan Kumar Chandubhai Patel, filed a criminal miscellaneous application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42(2) and Lack of Independent Witnesses. Conviction under Sections 8(c), 20(b)(ii)(c), and 29 of NDPS Act set aside as mandatory procedural safeguards were violated.

The appellant, Salim Jamshed Ali Shaikh @ Kanya, was convicted by the Special Judge (NDPS Act), Mumbai, in Special Case No.78 of 2010 for offences und...