Search Results for "search before Gazetted Officer"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
High Court of Karnataka Allows Appeals Against Ex Parte Interim Injunction in Pr...
High Court of Karnataka Allows Revision Petition in Private Complaint Case — T...
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Search Results for "search before Gazetted Officer"

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High Court

High Court Quashes FIR Against Licensee in Essential Commodities Act Case for Lack of Mandatory Sanction. Prosecution for Illegal Diesel Transportation Fails as No Sanction Under Section 6A of Essential Commodities Act, 1955 Was Obtained.

19 Jul 2023

The petitioner, Sadiq Pasha, a licensed transporter of diesel and operator of SWS & Sons Petrol Bunk, challenged the FIR in Crime No.137/2022 register...

Supreme Court

Supreme Court Allows Appeal of Accused in NDPS Act Case Due to Procedural Non-Compliance and Erroneous High Court Approach. The High Court's reversal of acquittal was set aside as it failed to consider the trial court's reasons and the prosecution did not prove mandatory search procedure under the NDPS Act, leading to restoration of acquittal.

9 Mar 2022

The appeal arose from a conviction under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, where the High Court reversed the Tri...

Supreme Court

Supreme Court Acquits Accused in NDPS Act Case Due to Procedural Non-Compliance in Private Vehicle Search. Conviction Quashed as Search Governed by Section 42, Not Section 43, of Narcotic Drugs and Psychotropic Substances Act, 1985, with Mandatory Requirements Not Met.

16 Apr 2021

The appeal arose from a conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, where the appellants were found with ...

High Court

High Court of Karnataka Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act — Search and Seizure Vitiated for Lack of Proper Information Recording and Personal Search Procedure.

13 Mar 2020

The case pertains to an appeal against the judgment of conviction and order of sentence dated 21.04.2011 passed by the Principal District and Sessions...

High Court

Bombay High Court Acquits Three Accused in NDPS Case Due to Non-Compliance with Mandatory Search and Seizure Provisions. Failure to Join Independent Witnesses and Non-Observance of Section 50 of NDPS Act Renders Conviction Unsustainable.

18 Apr 2019

The appellants, Sau. Mankarna, Sau. Panchafula, and Udaybhan, were convicted by the Additional Sessions Judge, Wardha, under Section 20(B)(2)(c) of th...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Other Mandatory Provisions. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

1 Apr 2019

The appellants, Raju Dhanju Rathod and Ramesh Liganna Mudraj, were convicted by the Special Court for NDPS, Bombay, for offences under Section 20(c) r...

High Court

Bombay High Court at Goa Acquits Accused in NDPS Case for Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Search and Seizure of Charas from Hotel Room Vitiated as Mandatory Procedural Safeguards Not Followed.

13 Dec 2006

The appellant, Dhansur Ghartimagar, was convicted by the Special Judge under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Ac...

High Court

Bombay High Court at Goa Upholds Conviction of Accused in NDPS Case for Possession of 2.28 kg Charas — Compliance with Section 50 NDPS Act Not Required for Baggage Search. The court held that the search of the handbag and room did not require compliance with Section 50, and the personal search was valid as the accused was given the option to be searched before a Gazetted Officer or Magistrate.

27 Oct 2005

The appellant, Ritesh Kumar, was convicted by the Special Judge, NDPS Court, Mapusa, under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic...

High Court

Bombay High Court Upholds Conviction of Six Accused Under NDPS Act for Possession of 2.5 kg Charas — Sentence Reduced to 10 Years RI and Fine of Rs 50,000 Each. Court Holds That Non-Compliance with Section 50 of NDPS Act Does Not Vitiate Conviction When Contraband is Recovered from Bag, Not Person.

6 Apr 2005

The appellants, six individuals, were convicted by the Special Judge in Special Sessions Case No. 370 of 2001 for an offence punishable under Section ...

High Court

Bombay High Court Upholds Conviction Under NDPS Act for Possession of Brown Sugar — Compliance with Section 50 Search Requirements Not Necessary When Accused Refuses Offer of Search Before Gazetted Officer or Magistrate. The court held that the offer to the accused to search the raiding party was sufficient compliance with Section 50 of the NDPS Act, and the quantity of brown sugar recovered (7 gms and 1.4 gms) was commercial quantity, justifying the 10-year sentence.

23 Feb 2005

The appellants, Smt. Aminbi Shaikh Husain and Shri Rafik @ Bhola Abdul Sattar Pathan, were convicted by the Trial Court under the Narcotic Drugs and P...

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