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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...

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Bombay High Court Upholds Acquittal in NDPS Case Due to Lack of Conscious Possession. Customs Department Failed to Prove Possession of Contraband by Employees in Open Godown.

The appeal was filed by the Assistant Collector of Customs against the acquittal of the respondents for offences under Sections 29, 21 read with Secti...

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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...

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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 Search Illegal and Conviction Unsustainable.

The appellant, Vijay Dhanbahadur Thapa, was convicted by the Special Judge, Mapusa, in Special Criminal Case No. 12/2008 for an offence punishable und...

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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 Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Search and Seizure Conducted Without Proper Authorization and Without Informing Accused of Right to be Searched Before a Gazetted Officer or Magistrate.

The appellant, Essop Casoojee, a South African national, was convicted by the Special Judge, Greater Mumbai in NDPS Special Case No.78 of 2002 for off...

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Court Rejects Bail Applications in NDPS Cases Despite Absence of FSL Report in Chargesheet. Chargesheet Considered Complete Without FSL Report; Legal Precedents and Procedural Compliance Upheld

The court examined bail applications under the NDPS Act, focusing on whether a charge-sheet filed within 180 days without an FSL report entitled the a...