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High Court

High Court of Karnataka Quashes NDPS Proceedings Against Accused No.3 Due to Lack of Incriminating Material and Non-Compliance with Section 50 of NDPS Act. The court held that mere association with co-accused does not constitute possession under Sections 8C and 20(B)(ii)(b) of the NDPS Act, and non-compliance with Section 50 vitiates the search.

19 Jul 2024

The petitioner, Paritosh Chandrashekar Kulkarni, was accused No.3 in a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 ...

Supreme Court

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.

1 Jan 2023

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...

Supreme Court

Supreme Court Allows Concurrent Sentences for NDPS Convictions in Two Separate Cases — Sentences to Run Concurrently Under Section 427 CrPC. The court directed that the sentences imposed in two separate trials for distinct offences under the NDPS Act shall run concurrently, considering the appellant's long incarceration and good conduct.

7 Dec 2021

The appellant, Mohd Zahid, a Pakistani national, was convicted in two separate cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

Supreme Court

Supreme Court Sets Aside Bail Order in NDPS Act Case Due to Non-Application of Mind and Ignoring Commercial Quantity Recovery. High Court Erred in Granting Bail Without Considering Stringent Conditions Under Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Presumption of Conscious Possession Under Section 54.

22 Sep 2021

The appeal arose from a bail order dated 1 October 2020 passed by a Single Judge at the Lucknow Bench of the High Court of Judicature at Allahabad, wh...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50. Search of Person Without Informing Right to be Searched Before Gazetted Officer or Magistrate Renders Recovery of LSD Papers Illegal.

4 Sep 2020

The appellant, Raymond Locke, was convicted by the Additional Sessions Judge, Mapusa, in Special Case No. 32/2014 for possession of 1.3 grams of LSD p...

High Court

Bombay High Court Dismisses State's Petition Challenging Rejection of Application for Resending Remand Application in NDPS Case — Revision Petition Time-Barred and Writ Not Maintainable. The court held that the order rejecting the application for resending the remand application was not an interlocutory order, but the revision petition was filed beyond the limitation period of 90 days under Article 131 of the Limitation Act, 1963, and no condonation of delay was sought, hence the revision was not maintainable.

26 Jul 2018

The State of Maharashtra, through the DCB CID Unit I, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Lack of Independent Witnesses. Conviction under Section 20 read with Section 29 of NDPS Act set aside as search and seizure conducted without proper procedure and evidence of conscious possession was insufficient.

5 Jul 2018

The appellants, Baldeosingh s/o Jagannathsingh Sengar and Ishwarsingh s/o Dakursingh Gaur, were convicted by the Special Court under NDPS Act, Nagpur ...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act, 1985. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable.

21 Aug 2017

The appellant, Sheikh Mehboob Sheikh Hussain, was convicted by the learned Special Judge (NDPS Court), Nagpur, in Special Criminal Case No.47/2001 und...

High Court

High Court of Karnataka Acquits Accused in NDPS Case Due to Lack of Conscious Possession and Procedural Lapses. Conviction under Sections 21(c), 23(c) read with 28 of NDPS Act set aside as prosecution failed to prove possession of contraband beyond reasonable doubt.

26 Sep 2014

The case involves three criminal appeals arising from a common judgment of the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS...

High Court

Bombay High Court Allows German National to Travel Abroad in NDPS Case — Offences Under Sections 20(b)(ii)(A) and 27 Are Bailable, Section 37(1)(b) Restrictions Not Applicable. The court held that for offences punishable with imprisonment up to six months under the NDPS Act, the accused is entitled to bail as a matter of right, and the passport must be returned for travel.

23 Jun 2010

The petitioner, Stefan Mueller, a German citizen, was arrested in connection with a rave party raid on March 4, 2007, where a plastic bag containing G...

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