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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 Dismisses Petition to Quash FIR in Sushant Singh Rajput Death Case — Allegations of Abetment to Suicide and Drug Nexus Require Investigation. Court holds that FIR prima facie discloses cognizable offences under IPC and NDPS Act, and quashing at threshold is not warranted.

15 Feb 2021

The petitioners, sisters of the deceased actor Sushant Singh Rajput, filed a writ petition under Article 226 of the Constitution of India read with Se...

High Court

High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 52A and Delay in Trial. The court held that failure to comply with mandatory provisions of Section 52A of NDPS Act and prolonged incarceration without trial justified bail despite Section 37 restrictions.

9 Jul 2020

The petitioner, Shivaraj Urs, was the second accused in a case registered by the Narcotics Control Bureau (NCB) under the Narcotic Drugs and Psychotro...

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

High Court of Bombay at Goa Upholds Conviction in NDPS Act Case for Possession of 2.225 kg Charas. Mandatory compliance with Section 50 of NDPS Act not triggered as recovery was from bag, not person.

10 Jun 2019

The appellant, Krishna S/o Kavi Raj Malla, was convicted by the Special Judge of Narcotic Drugs & Psychotropic Substances Court, Mapusa, for the offen...

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

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

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...

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