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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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Supreme Court Upholds Conviction of Accused in NDPS Case Based on Confessional Statements and Recovery of Charas. Statements under Section 67 of NDPS Act, 1985 held admissible and voluntary, and recovery of contraband from house and auto rickshaw established guilt beyond reasonable doubt.

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Gujarat High Court, which had affirmed the conviction of S...

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Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Commercial Quantity and Long Incarceration. The court held that the quantity of Codeine (200 grams) was less than commercial quantity (1000 grams), thus Section 37 NDPS Act not attracted, and granted bail considering the period of custody.

The applicant, Mukesh Rajaram Chaudhari, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for offenc...

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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. Secret information not reduced to writing and sent to superior officer, and accused not informed of right to be searched before Magistrate or Gazetted Officer, leading to acquittal.

The case involves two criminal appeals filed by three appellants convicted under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances ...

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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.

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...

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High Court of Bombay at Goa Acquits Appellant in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act. Failure to Record Reasons for Search and Non-Communication of Right to be Searched Before Gazetted Officer or Magistrate Leads to Acquittal.

The appellant, Ivan Miguel, a Portuguese national, was convicted by the learned Special Judge in NDPS Criminal Case No.16/2014 for offences under Sect...

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High Court of Bombay at Goa Acquits Accused in NDPS Case for Non-Compliance with Section 50. Search of Shoulder Bag Held to Be Personal Search Requiring Mandatory Notice of Right to Be Searched Before Gazetted Officer or Magistrate.

The appellant, Kushal Puri, was convicted by the learned Sessions Judge, Goa, in NDPS Case No.40/2015 for possession of 1.216 kg of charas, a commerci...

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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...