Search Results for "psychotropic substances"

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High Court

High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act. The court held that failure to inform the accused of his right to be searched before a Gazetted Officer or Magistrate under Section 50 of the NDPS Act vitiates the seizure and entitles the accused to bail.

2 Feb 2022

The petitioner, Joswin Lobo, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in Crime No.224...

High Court

Bombay High Court Dismisses Revision Against Rejection of Discharge in NDPS Case — Possession of Narcotic Drug Sufficient for Prima Facie Case. Court held that at the stage of framing of charge, the court is not required to weigh the evidence meticulously and the existence of a prima facie case is sufficient to proceed with the trial.

22 May 2020

The applicant, Anant Vardhan Pathak, was accused of offences under Section 8(c) read with Section 21(b) of the Narcotic Drugs and Psychotropic Substan...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Where Charas Quantity Was Less Than Commercial Quantity, Section 37 Rigours Not Attracted. The court held that 1000 gms of charas is commercial quantity under Section 2(viia) of NDPS Act read with notification S.O. 1055(E), but granted bail due to prolonged custody and unlikely early trial.

16 Oct 2023

The applicant, Vikas Babarsingh Itkan, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for offences...

High Court

High Court Grants Bail to NDPS Accused Due to Non-Compliance with Section 50 and Lack of Independent Witnesses. The court held that the prosecution's failure to comply with Section 50 of the NDPS Act and the absence of independent witnesses entitled the accused to bail despite the commercial quantity of ganja.

1 Oct 2020

The petitioners, Tasleem N.P., Haseeb K.V., and Rasique Ali P., were arrested in connection with Crime No.110/2020 registered at Hulimavu Police Stati...

High Court

Bombay High Court Dismisses State Appeal in NDPS Case Due to Non-Compliance with Mandatory Provisions. Acquittal of Accused for Possession of Charas and Ganja Upheld as Search and Seizure Violated Sections 42 and 50 of NDPS Act, 1985.

4 Mar 2005

The State of Maharashtra appealed against the judgment and order dated 12-8-1988 passed by the IV Additional Sessions Judge, Thane, acquitting the res...

High Court

Bombay High Court Reduces Sentence in NDPS Case Due to Lack of Heroin Percentage. Appellant convicted under NDPS Act for possession of heroin; sentence reduced from 10 years to 7 years as prosecution failed to establish percentage of narcotic substance, entitling appellant to benefit of amendment.

17 Jun 2010

The appellant, Okoke Paul Obi, a Nigerian national, was convicted by the trial court for an offence punishable under Section 21 read with Sections 8(c...

High Court

Bombay High Court Dismisses State Appeal in NDPS Case Due to Non-Compliance with Sections 42 and 50. Acquittal of Accused for Cultivation and Possession of Ganja Upheld as Mandatory Procedural Requirements Were Not Followed.

3 Aug 2005

The State of Maharashtra appealed against the acquittal of Pandurang Mahadeo Patil by the Sessions Judge, Kolhapur, for offences under Sections 20 and...

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 Indonesian National in NDPS Case Due to Non-Compliance with Mandatory Sampling and Search Procedures. Conviction for possession of 3.930 kg Methamphetamine set aside as prosecution failed to follow Section 52-A NDPS Act sampling requirements and Section 50 search safeguards.

30 Apr 2021

The appellant, an Indonesian national, was convicted by the Special Judge under the NDPS Act for possession of 3.930 kg of Methamphetamine and sentenc...

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 ...

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