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Search Results for "narcotic drug"

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Supreme Court

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.

22 Apr 2020

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...

High Court

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.

27 May 2024

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...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42 of NDPS Act, 1985. Secret Information Not Forwarded to Superior Officer, Search Vitiated.

3 May 2018

The appellant, Kallumal Jaidmal Kukareja @ Kallumama, was convicted by the NDPS Special Judge, Greater Bombay, for an offence punishable under Section...

High Court

Bombay High Court Allows Petition in Medicinal and Toilet Preparations (Excise Duties) Act, 1955 — Dexovon Capsules with 70 mg Dextropropoxyphene-HCl Not Liable to State Excise Duty as They Are Not Narcotic Drugs Under the Act. The court held that since the content of Dextropropoxyphene-HCl per dosage unit is below the prescribed limit of 135 mg, the capsules are not narcotic drugs and not subject to State Excise Duty under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955.

22 Aug 2006

The petitioners, M/s. USV Limited and its Company Secretary, filed a writ petition before the Bombay High Court challenging the levy of State Excise D...

High Court

High Court of Karnataka Quashes Communication Restricting Anaesthesiologists from Administering Anaesthesia in Dental Procedures. MD Anaesthesiologists are qualified to administer anaesthesia for dental surgeries under the Indian Medical Council Act, 1956 and the Dentists Act, 1948.

2 Dec 2025

The petitioners, including the Indian Society of Anaesthesiologists, Mangaluru Branch, the Nursing Home and Hospital Management Association, and Dr. G...

High Court

Bombay High Court Dismisses Union of India's Applications for Cancellation of Bail in NDPS Case — No Supervening Circumstances or Misuse of Bail Established. The court held that cancellation of bail requires higher threshold such as interference with investigation or tampering of evidence, and mere disagreement with the trial court's order is not sufficient under Section 439(2) of CrPC.

17 Feb 2011

The Union of India filed multiple applications under Section 439(2) of the Code of Criminal Procedure, 1973 seeking cancellation of bail granted to si...

High Court

Bombay High Court Dismisses Petition Challenging Excise Duty on Medicinal Preparation Containing Dextropropoxyphene. Product 'Lobain' Held Taxable Under M&TP Act Regardless of Dosage.

13 Oct 2017

The petitioner, DWD Pharmaceuticals Ltd., challenged an order by Respondent No.5 which upheld earlier orders by Respondent No.4 and Respondent No.3, h...

High Court

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.

25 Apr 2014

The appellant, Vijay Dhanbahadur Thapa, was convicted by the Special Judge, Mapusa, in Special Criminal Case No. 12/2008 for an offence punishable und...

Supreme Court

Supreme Court Refers to Larger Bench Whether Investigation by Complainant Police Officer Under NDPS Act Vitiate Trial — Mohan Lal Decision's Applicability Examined. The court considers the conflict between Mohan Lal v. State of Punjab (holding trial vitiated) and Varinder Kumar v. State of Himachal Pradesh (holding prospective application) and refers the matter to a five-judge bench.

31 Aug 2020

This judgment arises from a batch of special leave petitions challenging convictions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

Supreme Court

Supreme Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 52A and Unreliable Evidence. Conviction under Section 8(b) read with Section 15(c) of NDPS Act set aside as prosecution failed to prove contraband identity and sampling procedure.

1 Jan 2023

The appellant, Mangilal, was convicted under Section 8(b) read with Section 15(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Ac...

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