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Search Results for "poppy straw"

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High Court

Bombay High Court Allows Petition Against Seizure of Poppy Seeds Under NDPS Act — Poppy Seeds Not 'Opium' or 'Opium Derivative' Under Section 2(xvi) and 2(xvii) of NDPS Act, 1985. Poppy seeds are expressly excluded from the definition of 'poppy straw' under Section 2(xviiid) and are not covered by any definition under the NDPS Act, making their seizure illegal.

28 Aug 2019

The petitioners, Chailbihari Trading Private Limited and its director, filed a writ petition challenging the seizure of poppy seeds (khas-khas) by the...

Supreme Court

Supreme Court Upholds Conviction Under NDPS Act for Illegal Transport of Poppy Straw Despite Licence. Breach of Licence Conditions Attracts Section 15(c) for Commercial Quantity, Not Section 26.

1 May 2019

The appellant, Gangaram, was the driver of a truck carrying 10 bags of poppy straw weighing 415 kg. He was intercepted by Head Constable Shivshankar o...

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...

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 Cancels Bail in NDPS Case — Commercial Quantity of Opium Determined by Total Weight, Not Morphine Content. The court held that the Special Judge erred in calculating morphine content to bring the quantity below the commercial threshold, and the bar under Section 37 of NDPS Act applies.

12 Dec 2011

The Union of India filed an application for cancellation of bail granted to the respondents (original accused) by the Special Judge (NDPS Act), Pune, ...

Supreme Court

Supreme Court Acquits Accused in NDPS Act Case Due to Procedural Non-Compliance in Private Vehicle Search. Conviction Quashed as Search Governed by Section 42, Not Section 43, of Narcotic Drugs and Psychotropic Substances Act, 1985, with Mandatory Requirements Not Met.

16 Apr 2021

The appeal arose from a conviction under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985, where the appellants were found with ...

High Court

High Court of Karnataka Quashes NDPS Proceedings Against Directors for Lack of Conscious Possession. Directors of a transport company cannot be held vicariously liable for illegal transportation of poppy straw by driver without proof of knowledge or connivance under NDPS Act.

21 Sep 2022

The petitioners, Sunil Kumar Koushik and Vijay Kochhar, were accused Nos. 2 and 3 in Crime No. 12/2021-22 registered at Indi Excise Police Station for...

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...

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

Bombay High Court Cancels Bail Granted to Accused in NDPS Act False Implication Case — Complainant's Application Allowed Due to Serious Allegations of Conspiracy and Tampering of Evidence

15 Feb 2011

The applicant, Rajesh Jaswantlal Solanki, filed two applications under Section 439 CrPC for cancellation of bail granted to the accused persons, Ravin...

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