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Bombay High Court Grants Bail to Accused in NDPS Case Due to Procedural Lapses and Lack of Incriminating Evidence. Court held that non-compliance with Section 52A of NDPS Act and absence of contraband recovery from accused Nos. 4, 5, and 6 entitled them to bail.

The Bombay High Court heard four bail applications arising from the same crime under the NDPS Act. The applicants were accused of involvement in a dru...

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Supreme Court Allows Interim Custody of Vehicle in NDPS Case — Owner Not Implicated, Vehicle Not Used for Conveyance of Contraband. Lorry owner's application for interim custody allowed as vehicle was hired for lawful transport and owner was not an accused, with no evidence of owner's complicity.

The appellant, Denash, is the owner of a lorry bearing registration number TN 52 Q 0315 (Ashok Leyland, 14 wheeler). The vehicle was lawfully hired fo...

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Bombay High Court Grants Bail to Accused in NDPS Case Due to Mixed Contraband and Sampling Violation — Ganja Definition Requires Separation of Neutral Material for Quantity Determination.

The applicant, Pravin Anil Narbhavar, was arrested on 18 April 2024 in connection with Crime No. 280/2024 registered at Nawapur Police Station, Nandur...

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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.

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...

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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.

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...

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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.

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