Search Results for "contraband"

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High Court

High Court Acquits Accused in NDPS Case Due to Non-Compliance with Mandatory Search and Seizure Procedures. Failure to Join Independent Witnesses and Lack of Proper Sampling Renders Conviction Unsustainable Under Section 20(b)(ii)(B) and 20(c) of Narcotic Drugs and Psychotropic Substances Act, 1985.

5 Jul 2024

The High Court of Karnataka, Kalaburagi Bench, allowed two criminal appeals filed by Sharukh S/o Ayyub Khan and Shubham S/o Anupchand Chodhari against...

Supreme Court

Supreme Court Acquits Appellant in NDPS Act Case Due to Contradictory Evidence and Non-Production of Contraband. Benefit of Doubt Granted as Prosecution Failed to Establish Guilt Beyond Reasonable Doubt.

2 Mar 2020

The appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for possession of 6 kg 300 g of op...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Conviction under Sections 15, 22, 25 of NDPS Act and Section 18(C) of Drugs and Cosmetics Act set aside as search and seizure conducted without proper authorization and without informing accused of right to be searched before Gazetted Officer or Magistrate.

8 Oct 2013

The appeal arises from the judgment and order of the Special Court (NDPS) in Special Case No. 3/2011, whereby the appellants, Satpalsingh @ Raja s/o J...

High Court

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.

19 Dec 2011

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...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 of NDPS Act, 1985. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Search Illegal and Conviction Unsustainable.

29 Mar 2005

The appellant, a Nigerian national, was convicted by the Special Judge in NDPS Case No. 116 of 2000 for an offence under Section 8(c) punishable under...

Supreme Court

Supreme Court Allows State Appeal in NDPS Case: Non-Production of Contraband Not Fatal If Other Evidence Proves Seizure. The Court restored conviction under Section 8/15 NDPS Act for possession of 223 kg poppy straw, holding that the High Court erred in acquitting solely for non-exhibition of bulk contraband.

4 Oct 2019

The State of Rajasthan appealed against the High Court's acquittal of Sahi Ram (respondent) for possession and transportation of 223 kg of poppy straw...

High Court

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.

31 Jul 2015

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...

High Court

Bombay High Court Upholds Conviction in NDPS Case for Possession of Charas — Conscious Possession Established. The court held that the presumption of conscious possession under Sections 54 and 35 of the NDPS Act was not rebutted by the appellant, who failed to prove that the contraband belonged to another person.

6 Jul 2005

The appellant, Mohammed Aslam, was convicted by the Special Judge, Goa, in Special Criminal Case No. 35/2001 for an offence under Section 20(b)(ii) of...

Supreme Court

Supreme Court Acquits Accused in NDPS Case Due to Inadmissibility of Confessional Statements Recorded by Officers Empowered Under Section 53 of NDPS Act. Confessional statement recorded under Section 67 of NDPS Act by an officer invested with powers under Section 53 is inadmissible under Section 25 of Indian Evidence Act, 1872, as such officer is a police officer.

26 Apr 2023

The Supreme Court heard two criminal appeals arising from a conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The ...

High Court

High Court of Bombay at Goa Allows Customs Appeals in Gold Smuggling Case Due to Lack of Evidence and Procedural Violations. Confiscation of Gold and Imposition of Penalties Set Aside for Failure to Prove Smuggling Beyond Reasonable Doubt.

11 Oct 2017

The case involves five appeals filed by Ciabro Alemao (through legal representatives), Joaquim Alemao, Churchill Alemao, Anthony John Rodrigues, and S...

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