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Bombay High Court Dismisses Petition of Convict Seeking Premature Release Under Remission Policy — MCOC Act Convict Not Entitled to Benefit of 2006 Policy as Subsequent 2010 Policy Excludes Organized Crime Offenders.

The petitioner, Arun Gulab Gawli, a convict under the Maharashtra Control of Organized Crime Act, 1999 (MCOC Act), filed a writ petition seeking prema...

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Supreme Court Acquits Accused in NDPS Case Due to Insufficient Evidence — Confession of Co-Accused and Retracted Confession Without Corroboration Cannot Sustain Conviction for Financing Illicit Traffic Under Section 27A NDPS Act

The Supreme Court allowed the appeal of Mohammed Fasrin, who was convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) b...

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Bombay High Court Delivers Judgment on Plea for Sentence Adaptation Under Repatriation of Prisoners Act, 2003. Case Involves Interpretation of Section 13(6) and Bilateral Agreement with Mauritius Regarding Transfer of Sentenced Persons.

(1) Background — The case involved a criminal writ petition before the Bombay High Court challenging an order of the Government of India, Ministry o...

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Bombay High Court Dismisses Appeal Against Acquittal in NDPS and Customs Act Case Due to Procedural Lapses. Non-compliance with Section 42 of NDPS Act and absence of independent witnesses led to failure of prosecution to prove guilt beyond reasonable doubt.

The appeal was filed by the Assistant Collector of Customs, Bombay, against an order of acquittal dated 9/11/1992 passed by the Special and Additional...

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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...