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Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Delay in Trial. Personal Search of Accused Conducted Without Informing Right to Search Before Gazetted Officer or Magistrate, Violating Mandatory Safeguard Under Section 50 of NDPS Act.

The applicant, Arshad Karar Khan, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular ba...

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Supreme Court Upholds Conviction of Accused in NDPS Case Based on Confessional Statements and Recovery of Charas. Statements under Section 67 of NDPS Act, 1985 held admissible and voluntary, and recovery of contraband from house and auto rickshaw established guilt beyond reasonable doubt.

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Gujarat High Court, which had affirmed the conviction of S...

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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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Supreme Court Dismisses Appeal Against Refusal to Discharge Accused in Fake Currency Case. Prima Facie Evidence of Involvement Found Sufficient for Trial Under Sections 489B and 489C IPC.

The appellant, Dipakbhai Jagdishchandra Patel, was implicated in a case involving the possession and sale of counterfeit Saudi Arabian Riyal currency ...

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High Court of Karnataka Acquits Accused in NDPS Case Due to Non-Compliance with Section 50. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable Under Section 20(B)(ii)(b) of NDPS Act, 1985.

The appellants, Sardar S/o Hatiram Jadhav, Gyaneshwar S/o Baburao, Devidas S/o Balaji Chavan, and Vijaykumar S/o Bapurao Chavan, were convicted by the...

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Karnataka High Court Dismisses Habeas Corpus Petition for Missing Husband — No Custodial Detention Found. Court holds that habeas corpus is not maintainable when the alleged detenu is not in police custody and his whereabouts are unknown.

The petitioner, Usharani, filed a writ of habeas corpus under Articles 226 and 227 of the Constitution of India seeking a direction to the police auth...

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Bombay High Court Dismisses Company's Challenge to SAFEMA Forfeiture Order for Property Linked to Narcotics Trafficking. Burden of Proof Under Section 7 SAFEMA Not Discharged by Claimant.

The petitioner, Imperial Exim (India) Pvt. Ltd., challenged an order dated 31 March 2011 passed by the Appellate Tribunal for Forfeited Property, New ...

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Bombay High Court Grants Bail to Accused in Counterfeit Currency Case on Grounds of Parity and Bailable Offence. The court held that where a co-accused has been granted bail on the ground that the offence under Section 489-C IPC is bailable, the same principle applies to another accused similarly placed.

The applicant, Kiran Kumar Kanhyalal Khadra (accused No.2), was arrested in connection with C.R. No.176 of 2010 registered at L.T. Marg Police Station...