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Bombay High Court Acquits Accused in NDPS Act Case Due to Non-Compliance with Section 42. Failure to Record Information and Forward Report to Superior Officer Renders Search Illegal.

The appellant, Dnyandeo s/o Atmaram Aswar, was convicted by the 1st Adhoc Additional Sessions Judge, Akola, in Sessions Trial No. 8/2002 for an offenc...

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Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Section 50 and Lack of Independent Witnesses. Conviction under Section 20 read with Section 29 of NDPS Act set aside as search and seizure conducted without proper procedure and evidence of conscious possession was insufficient.

The appellants, Baldeosingh s/o Jagannathsingh Sengar and Ishwarsingh s/o Dakursingh Gaur, were convicted by the Special Court under NDPS Act, Nagpur ...

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High Court of Karnataka Acquits Accused in NDPS Act Case Due to Non-Compliance with Mandatory Search and Seizure Procedures. Failure to Join Independent Witnesses and Non-Production of Seized Contraband Before Court Renders Conviction Unsustainable Under Section 20(b) of NDPS Act, 1985.

The case pertains to a criminal appeal filed by Mustaq Ahamed alias Maamu and Siraj Basha alias Siraj alias Gunda against the judgment of conviction a...

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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.

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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Supreme Court Partly Allows Appeal in NDPS Act Case, Modifying Sentence on Double Punishment Grounds. Separate sentences for offences under Sections 20 and 25/29 from same transaction held impermissible, and fine cannot be cumulative when sentences run concurrently under Section 53 IPC.

The appeal arose from a conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant and a co-accused were intercepted dur...

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High Court of Karnataka Quashes NDPS Proceedings Against Petitioner for Lack of Evidence of Conscious Possession and Commercial Quantity. Court holds that mere presence in a vehicle with contraband does not constitute possession under Section 20(b)(ii)(A) of NDPS Act without proof of knowledge and control.

The petitioner, Mr. Kalam Narendra, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of...