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Madras High Court Grants Bail to NDPS Accused Due to Violation of Article 22(2) and Section 58 BNSS — Delay in Remand and Non-Furnishing of Arrest Grounds. Procedural Safeguards Override Section 37 NDPS Act Bar.

The petitioner, K.K. Roshan Kumar, was arrested on 28.12.2023 by the Narcotics Control Bureau (NCB) in connection with the seizure of 11 kg of Methamp...

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Madras High Court Grants Bail to Accused in NDPS Case Due to Violation of Right to be Produced Before Magistrate Within 24 Hours and Delay in Trial. Non-compliance with Section 58 BNSS and Article 22(2) of Constitution of India Entitles Accused to Bail Despite Rigors of Section 37 NDPS Act.

The petitioner, K.K. Roshan Kumar, was arrested on 28.12.2023 for offences under Sections 8(c) read with 22(c), 23(c), 25, 27A, 28 and 29 of the Narco...

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Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Delay in Trial. Personal Search of Accused Conducted Without Informing Right to Search Before Gazetted Officer or Magistrate, Violating Mandatory Safeguard Under Section 50 of NDPS Act.

The applicant, Arshad Karar Khan, filed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular ba...

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Supreme Court Refers to Three-Judge Bench the Question Whether Quantity of Mixture or Pure Drug Content Determines Punishment Under NDPS Act. The Court Held That E. Micheal Raj Requires Reconsideration as It Omitted Note 2 of Notification and the Scheme of the Act Treating Preparations as a Whole.

The Supreme Court, in a reference arising from multiple appeals and writ petitions, considered the correctness of the decision in E. Micheal Raj v. In...