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High Court of Bombay at Goa Acquits Appellant in NDPS Case Due to Non-Compliance of Section 50 -- Search Procedure Violated Mandatory Safeguards Under Narcotic Drugs and Psychotropic Substances Act, 1985

The Appellant, a Kenyan national, was convicted by the Additional Sessions Court for offences under Sections 22(c) and 21(b) of the Narcotic Drugs and...

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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.

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...

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High Court of Bombay at Goa Upholds Conviction in NDPS Case for Possession of 4.5 kg Ganja — Ten Years' Rigorous Imposition Confirmed. Appeal Dismissed as Prosecution Proved Conscious Possession and Compliance with Section 50 of NDPS Act, 1985.

The appellant, Ishwar Buddha, was convicted by the Special Judge, NDPS Court, South Goa, for an offence under Section 20(b)(ii)(C) of the Narcotic Dru...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42 of NDPS Act. Secret Information Not Reduced to Writing and Sent to Superior Officer, Rendering Search and Seizure Illegal.

The appellant, Shaikh Ibrahim Shaikh Usman, was convicted by the Additional Sessions Judge, Malegaon in Sessions Case (NDPS) No.11 of 2004 for an offe...

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Bombay High Court Quashes Criminal Proceedings for Possession of Gutka for Sale Under Section 273 IPC — Gutka Not an Article of Food. Possession of Gutka for sale does not constitute an offence under Section 273 IPC as Gutka is not an article of food under the Prevention of Food Adulteration Act, 1954.

The case involves two criminal writ petitions filed by the petitioners, who were accused of possessing Gutka for sale, which was alleged to be an offe...

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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 ...