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Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Unexplained Delay. Delay of 10 Months Between Release on Bail and Detention Order Held to Snap Live Link, Vitiating Preventive Detention Under Section 3(1) of COFEPOSA, 1974.

The petitioner, wife of the detenu Shyam Dharmadas Amlani, challenged the detention order dated 15th October 2005 passed by the State Government under...

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High Court of Karnataka Acquits Foreign Nationals in NDPS Case Due to Lack of Conscious Possession. Conviction under Sections 21(C) and 28 of NDPS Act set aside as prosecution failed to prove possession of heroin beyond reasonable doubt.

The judgment pertains to two criminal appeals filed by foreign nationals, Marek Jaroslaw Lewandowicz and Johann Tuchler, against their conviction unde...

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High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 52A and Delay in Trial. The court held that failure to comply with mandatory provisions of Section 52A of NDPS Act and prolonged incarceration without trial justified bail despite Section 37 restrictions.

The petitioner, Shivaraj Urs, was the second accused in a case registered by the Narcotics Control Bureau (NCB) under the Narcotic Drugs and Psychotro...

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High Court Rules on Reference Scope in Silver Confiscation Case Under Customs Act. Reference Question Limited to Silver Confiscated Under Section 120(2), Not Entire Seized Quantity.

The matter arose from a reference made by the Customs, Excise and Gold (Control) Appellate Tribunal (CEGAT) to the High Court of Bombay under Section ...

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High Court of Bombay at Goa Dismisses Writ Petition Challenging Seizure of Vessel Under Customs Act, 1962; Seizure of Re-imported Floating Crane Valid as Exemption Notification Inapplicable When Re-import Not by Original Exporter.

The case involved a writ petition filed by Fomento Resources Private Limited and its director challenging the seizure of a floating crane, MV Maria La...

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Bombay High Court Allows Appeals of Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act. Conviction for Possession of Hashish Set Aside as Search and Seizure Were Conducted Without Proper Authorization and Without Informing Accused of Their Rights.

The case involves two criminal appeals filed by Satyawan Pagi (A1) and Vimal Singh (A2) against their conviction and sentence under Section 20(b)(ii)(...