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High Court Acquits Accused in NDPS Case Due to Non-Compliance with Mandatory Search and Seizure Procedures. Failure to Join Independent Witnesses and Lack of Proper Sampling Renders Conviction Unsustainable Under Section 20(b)(ii)(B) and 20(c) of Narcotic Drugs and Psychotropic Substances Act, 1985.

The High Court of Karnataka, Kalaburagi Bench, allowed two criminal appeals filed by Sharukh S/o Ayyub Khan and Shubham S/o Anupchand Chodhari against...

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Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 and Reliance on Inadmissible Section 67 Statements. Conviction for Possession of Heroin Set Aside as Mandatory Safeguards Were Not Followed and Confessional Statements Were Inadmissible Under Tofan Singh.

The Supreme Court allowed the appeals of Anwarkhan Jahilkhan Pathan and Firdoskhan Khurshidkhan Pathan against their conviction under the Narcotic Dru...

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High Court of Karnataka Quashes NDPS Proceedings Against Accused Due to Non-Compliance with Section 42 of NDPS Act. Failure to Record Credible Information in Writing Renders Search Illegal, Entitling Accused to Benefit of Doubt.

The petitioner, Mruthyunjaya, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the entire proceeding...

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Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Doubtful Seizure. Failure to Offer Personal Search Before Gazetted Officer and Inconsistent Evidence Regarding Recovery of Contraband Lead to Acquittal.

The appellants, Gurmeet Singh and Pyarelal Shridhar Keer @ Pahalwan, were convicted by the NDPS Special Judge, Greater Bombay, for offences under Sect...

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Bombay High Court Dismisses State Appeal Against Acquittal in NDPS Case Due to Non-Compliance with Section 42 and Lack of Conscious Possession. Trial court's acquittal upheld as prosecution failed to prove that each accused had knowledge and control over ganja recovered from vehicle.

The State of Maharashtra appealed against the acquittal of six accused persons by the Additional Sessions Judge cum Special Judge for NDPS Act, Pandha...

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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.

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

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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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Bombay High Court Allows Prisoners' Challenge to Deduction of Wages for Victims Compensation Fund Under NDPS Act. Discriminatory treatment of similarly situated prisoners violates Article 14 of Constitution.

The judgment concerns three criminal writ petitions filed by prisoners convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS ...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50. Conviction under Section 21 of NDPS Act set aside as search and seizure conducted without proper authorization and without informing accused of right to be searched before gazetted officer or magistrate.

The appellant, Suleman Oguk @ Soni, was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) by the Speci...