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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50. Failure to Record Grounds of Belief and Inform Right to Search Before Magistrate or Gazetted Officer Renders Seizure Illegal.

The case involves two criminal appeals arising from a conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The appell...

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Madras High Court Allows Habeas Corpus Petition and Quashes Preventive Detention Order — Cases Triable Under Ordinary Law. Preventive detention under Prohibition Act and NDPS Act not justified when ordinary law is sufficient.

The petitioner, Jansirani, filed a Habeas Corpus Petition under Article 226 of the Constitution of India before the Madras High Court seeking to quash...

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Madras High Court Allows Habeas Corpus Petition in Drug Offender Preventive Detention Case Due to Non-Commercial Quantity and Lack of Proximity Between Cases. Recovery of 2.500 Kgs of Ganja Not Commercial Quantity Under NDPS Act, Adverse Case Not Connected to Ground Case.

The petitioner, Kalaivani, wife of the detenu Partheban @ Nondi Parthiban, filed a habeas corpus petition under Article 226 of the Constitution of Ind...

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High Court of Karnataka Acquits Accused in Murder Case Due to Unreliable Identification and Lack of Corroboration. Conviction under Sections 143, 147, 148, 447, 302 read with 149 IPC set aside as sole eyewitness testimony was inconsistent and not supported by other evidence.

The case involves a criminal appeal against conviction for murder and other offences. The appellants were convicted by the trial court for offences un...

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High Court of Karnataka Quashes Preliminary Investigation Report and FIR in Lokayukta Corruption Case — Lack of Sanction Under Section 197 CrPC and Section 19 PC Act. Investigation Initiated Without Valid Sanction Against Public Servant is Void Ab Initio.

The petitioner, Sri C. Mruthyunjayaswamy, a Chief Engineer in the National Highways department, filed a writ petition under Articles 226 and 227 of th...

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Karnataka High Court Dismisses Writ Appeal in Customs Duty Settlement Case — Upholds Settlement Commission's Rejection for Non-Disclosure. Settlement Commission's Finding of Non-Disclosure of Full Facts Under Section 127C of Customs Act, 1962 Not Interfered With as Not Perverse.

The appellants, including M/s C S India and its partners, filed a writ appeal before the Karnataka High Court challenging the order of a learned Singl...

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High Court of Karnataka Dismisses Writ Petition Challenging Appointment of Medical Superintendent. Petitioner's claim for promotion to Medical Superintendent post rejected as Selection Committee's decision was based on seniority and merit, and no mala fides were established.

The petitioner, Dr. H.S. Sathish, a Professor and Head of the Department of ENT at Sri Venkateswara ENT Institute, Victoria Hospital, Bangalore Medica...

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High Court of Karnataka Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Independent Witnesses. Failure to Follow Mandatory Search Procedure and Reliance on Interested Witnesses Renders Conviction Unsustainable.

The appellant, Chandpasha, was convicted by the District and Sessions Judge, Yadgiri, in Special Case No.1/2011 for offences under Sections 8 and 20 o...