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Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 52A and Unreliable Evidence. Conviction under Section 8(b) read with Section 15(c) of NDPS Act set aside as prosecution failed to prove contraband identity and sampling procedure.

The appellant, Mangilal, was convicted under Section 8(b) read with Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Ac...

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High Court of Karnataka Acquits Accused in NDPS Act Case Due to Non-Compliance with Mandatory Search and Seizure Procedures. Failure to Join Independent Witnesses and Non-Production of Seized Contraband Before Court Renders Conviction Unsustainable Under Section 20(b) of NDPS Act, 1985.

The case pertains to a criminal appeal filed by Mustaq Ahamed alias Maamu and Siraj Basha alias Siraj alias Gunda against the judgment of conviction a...

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High Court of Bombay at Goa Upholds Conviction in NDPS Case for Possession of 4.5 kg Ganja — Ten Years' Rigorous Imposition Confirmed. Appeal Dismissed as Prosecution Proved Conscious Possession and Compliance with Section 50 of NDPS Act, 1985.

The appellant, Ishwar Buddha, was convicted by the Special Judge, NDPS Court, South Goa, for an offence under Section 20(b)(ii)(C) of the Narcotic Dru...

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Bombay High Court Acquits Three Accused in NDPS Case Due to Non-Compliance with Mandatory Search and Seizure Provisions. Failure to Join Independent Witnesses and Non-Observance of Section 50 of NDPS Act Renders Conviction Unsustainable.

The appellants, Sau. Mankarna, Sau. Panchafula, and Udaybhan, were convicted by the Additional Sessions Judge, Wardha, under Section 20(B)(2)(c) of th...

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Bombay High Court Quashes Preventive Detention Orders Under COFEPOSA for Lack of Proximity and Non-Application of Mind. Detention orders set aside as the detenus were not directly involved in smuggling and the detaining authority failed to consider less drastic alternatives.

The Bombay High Court, by a judgment dated 24 January 2014, allowed two criminal writ petitions challenging preventive detention orders passed under S...

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Bombay High Court Acquits South African National in NDPS Case Due to Non-Compliance with Mandatory Sampling and Sealing Procedures. Conviction under Sections 8(c), 21(c), 23, 28, 29 of NDPS Act set aside as prosecution failed to prove contraband was the same as seized.

The appellant, a South African national, was convicted by the Special Judge for NDPS Act cases for offences under Sections 8(c) read with Sections 21(...

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Bombay High Court Upholds Acquittal of Accused in NDPS Case Due to Non-Compliance with Mandatory Search Provisions. Failure to Follow Sections 41(2) and 42 of NDPS Act Renders Recovery of Ganja Invalid, Accused Acquitted.

The appeal was filed by the original complainant, the Superintendent of Central Excise & Customs Preventive, Satara, challenging the judgment and orde...

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Bombay High Court Dismisses NCB Appeal Against Acquittal in NDPS Case Due to Lack of Independent Panch Witnesses and Procedural Irregularities. Heroin Recovery from Hotel Room Found Unreliable as Panch Witnesses Were Hotel Employees and Not Independent.

The appeal was filed by the Intelligence Officer of the Narcotic Control Bureau against the judgment and order of the Special Judge, Gr. Bombay dated ...