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Bombay High Court Grants Bail to Accused in NDPS Case Due to Procedural Lapses and Lack of Incriminating Evidence. Court held that non-compliance with Section 52A of NDPS Act and absence of contraband recovery from accused Nos. 4, 5, and 6 entitled them to bail.

The Bombay High Court heard four bail applications arising from the same crime under the NDPS Act. The applicants were accused of involvement in a dru...

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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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Supreme Court Dismisses Petition Challenging Bail Cancellation in NDPS Act Case Due to Narco-Terrorism Links. Transfer of Investigation to NIA and Framing of Charges Under UAPA Justify Custodial Interrogation for Thorough Investigation.

The Supreme Court dismissed the Special Leave Petition and Writ Petition filed by Ankush Vipan Kapoor, challenging the cancellation of his bail by the...

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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...

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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...