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Gujarat High Court Upholds Acquittal in NDPS Case Due to Procedural Lapses and Lack of Independent Witnesses. DRI Officers' Failure to Comply with Mandatory Provisions of NDPS Act, 1985 Renders Seizure Doubtful.

The present appeal was filed by the Intelligence Officer of the Directorate of Revenue Intelligence (DRI) challenging the judgment and order of acquit...

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Gujarat High Court Dismisses State Appeal Against Acquittal in NDPS Case Due to Non-Compliance with Mandatory Provisions. Failure to comply with Sections 42 and 50 of NDPS Act regarding search and seizure renders trial vitiated.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 21.0...

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Gujarat High Court Dismisses State Appeal Against Acquittal in NDPS Case Due to Lack of Independent Witnesses and Procedural Lapses. Acquittal of Accused for Possession of Contraband in Jail Upheld as Prosecution Failed to Prove Conscious Possession Beyond Reasonable Doubt.

The State of Gujarat filed an appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal dated ...

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Supreme Court Acquits Owner in NDPS Case for Lack of Knowledge of Contraband Transport. Section 25 NDPS Act Requires Proof That Owner Knowingly Permitted Use of Vehicle for Drug Offence.

The appellant, Harbhajan Singh, was convicted under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) by the Trial Cou...

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High Court of Bombay at Goa Upholds Conviction of Japanese National in NDPS Case for Possession of LSD and Charas — Procedural Lapses Not Fatal to Prosecution. The court held that Section 50 of NDPS Act does not apply to vehicle searches, and conscious possession was proved beyond reasonable doubt.

The appellant, a Japanese national, was convicted by the Special Judge of the Narcotic Drugs and Psychotropic Substances Court, Mapusa, for offences u...

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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.

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

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Bombay High Court Allows Release of Confiscated Truck in Forest Offence Case — Petitioner Not Given Adequate Opportunity of Hearing. Confiscation Order Under Section 61-A of Indian Forest Act, 1927 Set Aside Due to Violation of Principles of Natural Justice.

The petitioner, owner of a truck bearing registration number MH-30-B-2897, filed a writ petition under Articles 226 and 227 of the Constitution of Ind...

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Bombay High Court Dismisses Employer's Petition Challenging Tribunal's Refusal to Approve Dismissal in Gold Smuggling Case. Tribunal's Finding of Unfair Enquiry and Perverse Findings Upheld Under Section 33(2)(b) of Industrial Disputes Act, 1947.

The petitioner, Air India Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated 22nd July 2004 passed ...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Mandatory Provisions. Failure to Record Reasons for Search and Inform Accused of Right to be Searched Before Gazetted Officer Renders Conviction Unsustainable.

The appellants, Prabhakar Dhondiram Waghchaure (original accused No.1) and Ravindra Machhindra Mhamane (original accused No.2), were convicted by the ...