Search Results for "NDPS Act, 1985"

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Search Results for "NDPS Act, 1985"

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Supreme Court

Supreme Court Allows Interim Custody of Vehicle in NDPS Case — Owner Not Implicated, Vehicle Not Used for Conveyance of Contraband. Lorry owner's application for interim custody allowed as vehicle was hired for lawful transport and owner was not an accused, with no evidence of owner's complicity.

1 Jan 2025

The appellant, Denash, is the owner of a lorry bearing registration number TN 52 Q 0315 (Ashok Leyland, 14 wheeler). The vehicle was lawfully hired fo...

Supreme Court

Supreme Court Acquits Accused in NDPS Case Due to Inadmissibility of Confessional Statements Recorded by Officers Empowered Under Section 53 of NDPS Act. Confessional statement recorded under Section 67 of NDPS Act by an officer invested with powers under Section 53 is inadmissible under Section 25 of Indian Evidence Act, 1872, as such officer is a police officer.

26 Apr 2023

The Supreme Court heard two criminal appeals arising from a conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The ...

High Court

Bombay High Court Upholds Acquittal in NDPS Case Due to Non-Compliance with Section 42(2) — Secret Information Not Forwarded to Superior Officer. Failure to send a copy of the information recorded under Section 42(1) to the immediate official superior as mandated by Section 42(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 renders the search and seizure illegal and the trial vitiated.

5 Mar 2021

The State of Maharashtra appealed against the acquittal of the respondent (accused) by the Special Judge, Pune, for an offence under Section 20(b)(ii)...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance of Section 50 — Search of Bag Not Covered Under Mandatory Procedure. The court held that Section 50 of the NDPS Act applies only to personal search, not to search of a bag, and thus the conviction was set aside.

27 Jun 2019

The appellants, Rehanabi Sheikh Atiq and Sheikh Sohel Sheikh Atiq, were convicted by the Additional Sessions Judge, Wardha in Special (NDPS) Case 2/20...

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 Upholds Conviction of Four Accused in NDPS Case for Possession of Methaqualone Tablets. Court holds that recovery of contraband from a bag belonging to accused No.1 and presence of other accused in the room establishes conscious possession under Sections 8(c), 22(c), and 29 of the NDPS Act, 1985.

20 Mar 2018

The case involves four appellants who were convicted by the Special Judge for NDPS, Greater Mumbai, in NDPS Special Case No.27 of 2006 for offences un...

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 Grants Bail to Accused in NDPS Case Due to Lack of Conscious Possession and Long Incarceration. The court held that mere partnership in a firm does not establish conscious possession of contraband under Section 43 of NDPS Act, and long custody without trial warrants bail.

28 Apr 2017

The petitioner, Chandru Kunthur Raghuvegowda, a partner of M/s. Overseas Express, filed a petition under Section 439 CrPC seeking bail in Crime No.893...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50. Conviction under Section 20(b)(ii)(C) of NDPS Act, 1985 set aside as search and seizure conducted without proper authorization and failure to inform accused of right to be searched before a Magistrate or Gazetted Officer.

10 Jul 2015

The appellants, original accused Nos.1, 4, and 5, were convicted by the Special Judge, Solapur in Special Case No.24 of 2007 for an offence punishable...

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