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Bombay High Court Upholds Conviction of Nigerian National in NDPS Case — 13-Year Rigorous Imprisonment Affirmed. Conscious possession of 2.5 kg heroin in checked-in baggage established; presumption under Section 35 NDPS Act not rebutted.

The appellant, Okacha Mike, a Nigerian national aged 68 years, was convicted by the Special Judge under the NDPS Act for offences punishable under Sec...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 Notice. Failure to Inform Appellant of Right to Search Before Magistrate or Gazetted Officer Renders Recovery of Contraband Illegal and Conviction Unsustainable.

The appellant, Ms. Naomi Banda, a Zambian national, was convicted by a Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

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Court Quashes Customs' Seizure of Gold Chain, Orders Refund of Rs. 35,00,000 to Petitioner. Misapplication of Baggage Rules and Unjust Penalty Overturned; Personal Effects Defined and Upheld

The court reviewed the case of a petitioner whose gold chain with pendant was seized by Customs on allegations of smuggling. The petitioner argued tha...

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Bombay High Court Upholds Conviction of Appellant in NDPS Act Case for Smuggling Heroin in Suitcases. Circumstantial Evidence Including Possession of Keys, Baggage Tags, and Concealment of Contraband Sufficient to Prove Conscious Possession Under Section 21(c) of NDPS Act, 1985.

The appellant, Mrs. Agnes Ruddy Odhoch, a Kenyan national, was convicted by the Special Judge, Greater Mumbai, for offences under Sections 21(c), 23(c...

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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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Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Conviction for Possession of 85.810 kg Ganja Set Aside as Mandatory Search and Seizure Procedures Were Not Followed.

The appellants, Mobin Khan and Taslim Khan, were convicted by the learned District Judge-6 and Additional Sessions Judge, Nagpur in Special (N.D.P.S.)...

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High Court of Bombay at Goa Upholds Acquittal in Customs Act Case — No Evidence of Intent to Evade Duty. Foreign Currency Seizure Not Sufficient to Prove Offence Under Section 135(1)(c)(ii) of Customs Act, 1962 Without Proof of Mens Rea.

The case arises from an appeal by the Union of India against the acquittal of the respondent, Harish Muljimal Gandhi, by the Chief Judicial Magistrate...