Search Results for "NDPS Act 1985"

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Search Results for "NDPS Act 1985"

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High Court

High Court Quashes Criminal Proceedings Against Accused Under NDPS Act Due to Discrepancy Between Charge Sheet and Forensic Report, and Procedural Violations. Proceedings under Section 27 of Narcotic Drugs and Psychotropic Substances Act, 1985 Quashed as FSL Report Showed No Contraband and Search Violated Section 50.

10 Sep 2024

The petitioners, Hanumantha and Manjunatha, approached the High Court of Karnataka under Section 482 of the Code of Criminal Procedure seeking quashin...

High Court

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.

5 Jul 2024

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...

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 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.

18 Dec 2020

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

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

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 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

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50. Conviction under Section 20(b)(ii)(C) of NDPS Act, 1985 set aside as search and seizure conducted without proper authorization and failure to inform accused of right to be searched before a Magistrate or Gazetted Officer.

10 Jul 2015

The appellants, original accused Nos.1, 4, and 5, were convicted by the Special Judge, Solapur in Special Case No.24 of 2007 for an offence punishable...

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