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Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance with Sampling Procedure. Recovery of 100 grams smack fails as prosecution did not prove samples were drawn from entire contraband and seals were not properly affixed, violating Sections 8 and 21 of NDPS Act.

The appellant, Mehboob Shah, was convicted by the Trial Court under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDP...

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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 Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 and Reliance on Inadmissible Section 67 Statements. Conviction for Possession of Heroin Set Aside as Mandatory Safeguards Were Not Followed and Confessional Statements Were Inadmissible Under Tofan Singh.

The Supreme Court allowed the appeals of Anwarkhan Jahilkhan Pathan and Firdoskhan Khurshidkhan Pathan against their conviction under the Narcotic Dru...

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Supreme Court Dismisses Appeal in NDPS Act Case Upholding Conviction for Ganja Possession. Search Procedure Compliance Upheld as Recovery Was from Baggage, Not Personal Search, Under Section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985.

The appeal arose from an incident on 11.09.2010 at 10:30 AM when Sub Inspector K.S. Singh (PW-5) apprehended the appellant carrying ganja in a green p...

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High Court of Karnataka Grants Bail to Accused in NDPS Case Involving Commercial Quantity of Drugs. Petitioner Enlarged on Bail with Conditions as Investigation Complete and Charge Sheet Filed.

The petitioner, Mohmed Ali Tojari, was the sole accused in Crime No.341/2020 registered at Kadugondanahalli Police Station, Bengaluru, for an offence ...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Mandatory Provisions. Conviction under Sections 8(c) read with Section 20(C) of NDPS Act, 1985 set aside for failure to comply with Sections 42 and 50.

The appellants, Mangalsingh @ Mangesh Chatursingh Onavale, Ambadas Tukaram Pawar, and Sunil Ranjit Mohite @ Dada, were convicted by the NDPS Special C...

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High Court of Karnataka Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act. Failure to Record Information and Conduct Personal Search in Presence of Gazetted Officer or Magistrate Renders Conviction Unsustainable.

The appellant, Sri Subramanyam, was convicted by the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bangalore, in Spl.C.C.N...

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Bombay High Court Upholds Conviction of Appellant in NDPS Case for Possession of 3 kg Heroin — Ten Years' RI and Fine of Rs. 1 Lakh Maintained. Search of Bag Not Personal Search, Hence Section 50 NDPS Act Not Applicable.

The appellant, Vinod Ramchandra Dhakad, was convicted by the learned Special Judge, NDPS Cases, Mumbai, in NDPS Special Case No. 107/2004 for an offen...

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Bombay High Court (Goa Bench) Upholds Conviction of Accused in NDPS Case for Possession of 1.15 kg Charas — Compliance with Section 50 of NDPS Act Not Required as Recovery Was from Bag, Not Person.

The appellant, Mohammad Asraf Koloo, was convicted by the Special Judge, Goa, under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substance...

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Bombay High Court Dismisses Appeal by Complainant in NDPS Case Due to Non-Compliance with Section 42. Search Conducted Without Recording Information and Without Gazetted Officer or Magistrate Held Illegal, Acquittal Upheld.

The appeal was filed by the original complainant, an Assistant Collector of Central Excise and Customs, Pune, challenging the judgment and order dated...