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Search Results for "gazetted officer"

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High Court

High Court of Bombay at Goa Acquits Appellant in NDPS Case Due to Non-Compliance of Section 50 -- Search Procedure Violated Mandatory Safeguards Under Narcotic Drugs and Psychotropic Substances Act, 1985

19 Jan 2026

The Appellant, a Kenyan national, was convicted by the Additional Sessions Court for offences under Sections 22(c) and 21(b) of the Narcotic Drugs and...

Supreme Court

Supreme Court Upholds OROP Benefit for Army Postal Service Personnel on Deputation from Department of Posts. Personnel of APS on deputation from Department of Posts are entitled to One Rank One Pension as per Government Circular dated 7th November 2015.

5 Nov 2019

The case involves an appeal by the Union of India against an order of the Armed Forces Tribunal, Regional Bench, Jabalpur, which allowed an Original A...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50. Conviction under Section 21 of NDPS 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.

2 Sep 2011

The appellant, Suleman Oguk @ Soni, was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) by the Speci...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Evidence of Conscious Possession. The court held that the applicant was not present at the time of recovery and the only evidence against him was the inadmissible statement of co-accused, thus the rigours of Section 37 of NDPS Act were not attracted.

7 Feb 2019

The applicant, Siraj Shaikh Nasir Munshi, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with C.R. N...

High Court

High Court of Bombay at Goa Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Offer Personal Search Before Gazetted Officer or Magistrate Renders Conviction Unsustainable. The court held that the prosecution must prove compliance with Section 50 of the NDPS Act, and in the absence of such proof, the recovery of contraband is illegal and the conviction cannot stand.

4 Jul 2018

The appellant, Shripad Tandel, was convicted by the trial court under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Lack of Conscious Possession and Non-Compliance with Section 37 Conditions. The court held that mere disclosure by co-accused without independent evidence does not constitute prima facie case under Section 8(c) read with Rules 22 and 29 of NDPS Act.

7 Feb 2019

The applicant, Siraj Shaikh Nasir Munshi, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection with C.R. ...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50. Conviction under Section 20(b)(ii)(C) of NDPS Act, 1985 set aside as search and seizure conducted without proper authorization and failure to inform accused of right to be searched before a Magistrate or Gazetted Officer.

10 Jul 2015

The appellants, original accused Nos.1, 4, and 5, were convicted by the Special Judge, Solapur in Special Case No.24 of 2007 for an offence punishable...

High Court

Bombay High Court Dismisses Bail Application in NDPS Case Involving 1.100 kg Charas — Section 50 Compliance Not Required When Accused Declines Search Before Magistrate/Gazetted Officer. Accused not entitled to default bail under Section 167(2) Cr.P.C. as charge-sheet filed within 180 days for commercial quantity.

12 Aug 2011

The applicant, Fakir Ahmed Mohd. Shaikh, was arrested and allegedly found in possession of 1.100 kg of charas, a commercial quantity under the NDPS Ac...

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 Acquits Accused in NDPS Case Due to Non-Compliance of Section 50 — Search of Bag Not Covered Under Mandatory Procedure. The court held that Section 50 of the NDPS Act applies only to personal search, not to search of a bag, and thus the conviction was set aside.

27 Jun 2019

The appellants, Rehanabi Sheikh Atiq and Sheikh Sohel Sheikh Atiq, were convicted by the Additional Sessions Judge, Wardha in Special (NDPS) Case 2/20...

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