Search Results for "search before Gazetted officer"

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Search Results for "search before Gazetted officer"

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Supreme Court

Supreme Court Acquits Accused in NDPS Act Case Due to Procedural Non-Compliance in Private Vehicle Search. Conviction Quashed as Search Governed by Section 42, Not Section 43, of Narcotic Drugs and Psychotropic Substances Act, 1985, with Mandatory Requirements Not Met.

16 Apr 2021

The appeal arose from a conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, where the appellants were found with ...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable. The court held that the mandatory requirement under Section 50 of the NDPS Act to inform the accused of his right to be searched before a Gazetted Officer or Magistrate was not complied with, vitiating the conviction.

19 Sep 2020

The appellant, Munna Khan, was convicted by the NDPS Court at Mapusa in Special Criminal Case No.06 of 2013 for offences under Section 8(c) read with ...

High Court

Bombay High Court Acquits Three Accused in NDPS Case Due to Non-Compliance with Mandatory Search and Seizure Provisions. Failure to Join Independent Witnesses and Non-Observance of Section 50 of NDPS Act Renders Conviction Unsustainable.

18 Apr 2019

The appellants, Sau. Mankarna, Sau. Panchafula, and Udaybhan, were convicted by the Additional Sessions Judge, Wardha, under Section 20(B)(2)(c) of th...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Other Mandatory Provisions. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

1 Apr 2019

The appellants, Raju Dhanju Rathod and Ramesh Liganna Mudraj, were convicted by the Special Court for NDPS, Bombay, for offences under Section 20(c) r...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Failure to Record Information and Inform Accused of Right to Search Before Gazetted Officer Leads to Acquittal.

20 Dec 2014

The case involves an appeal against the conviction of four appellants under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The a...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate. The mandatory requirement under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was not complied with, rendering the search and seizure illegal and the conviction unsustainable.

15 Nov 2006

The appellant, Rama Nagorao Bhagat, was convicted by the Additional Sessions Judge, Wardha, in Special Case No. 5/2004 for an offence under Section 20...

High Court

Bombay High Court at Goa Upholds Conviction of Accused in NDPS Case for Possession of 2.28 kg Charas — Compliance with Section 50 NDPS Act Not Required for Baggage Search. The court held that the search of the handbag and room did not require compliance with Section 50, and the personal search was valid as the accused was given the option to be searched before a Gazetted Officer or Magistrate.

27 Oct 2005

The appellant, Ritesh Kumar, was convicted by the Special Judge, NDPS Court, Mapusa, under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic...

High Court

Bombay High Court Upholds Conviction of Six Accused Under NDPS Act for Possession of 2.5 kg Charas — Sentence Reduced to 10 Years RI and Fine of Rs 50,000 Each. Court Holds That Non-Compliance with Section 50 of NDPS Act Does Not Vitiate Conviction When Contraband is Recovered from Bag, Not Person.

6 Apr 2005

The appellants, six individuals, were convicted by the Special Judge in Special Sessions Case No. 370 of 2001 for an offence punishable under Section ...

High Court

Bombay High Court Upholds Conviction Under NDPS Act for Possession of Brown Sugar — Compliance with Section 50 Search Requirements Not Necessary When Accused Refuses Offer of Search Before Gazetted Officer or Magistrate. The court held that the offer to the accused to search the raiding party was sufficient compliance with Section 50 of the NDPS Act, and the quantity of brown sugar recovered (7 gms and 1.4 gms) was commercial quantity, justifying the 10-year sentence.

23 Feb 2005

The appellants, Smt. Aminbi Shaikh Husain and Shri Rafik @ Bhola Abdul Sattar Pathan, were convicted by the Trial Court under the Narcotic Drugs and P...

High Court

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.

17 Jan 2005

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

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