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High Court of Bombay at Goa Upholds Conviction of Japanese National in NDPS Case for Possession of LSD and Charas — Procedural Lapses Not Fatal to Prosecution. The court held that Section 50 of NDPS Act does not apply to vehicle searches, and conscious possession was proved beyond reasonable doubt.

The appellant, a Japanese national, was convicted by the Special Judge of the Narcotic Drugs and Psychotropic Substances Court, Mapusa, for offences u...

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Bombay High Court Upholds Conviction Under NDPS Act for LSD Possession — Compliance with Sections 50 and 52-A Established. Court finds no tampering with contraband and affirms ten-year rigorous imprisonment for possession of commercial quantity of LSD.

The appellant, Subodh Levi, was convicted by the Special Court under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS A...

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Supreme Court Acquits Appellant in NDPS Case Due to Inadmissible Confession and Lack of Evidence. Conviction under Sections 22(c) and 29 of NDPS Act set aside as prosecution failed to prove supply or conspiracy beyond reasonable doubt.

The appellant, Ajay Kumar Gupta, was accused no.2 in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The prosecution...

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High Court of Bombay at Goa Acquits Accused in NDPS Case Due to Non-Compliance of Section 50 and Doubtful Chain of Custody. LSD Recovery Allegation Fails as Prosecution Could Not Establish That the Seized Substance Was the Same as That Tested by the Chemical Analyser.

The appellant, Roque @ Rocky Fernandes, was convicted by the Additional Sessions Judge, North Goa, Mapusa in Special Criminal Case No.22/2015 for offe...

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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 Grants Bail to Accused in NDPS Case for Possession of LSD and Charas Below Commercial Quantity. Rigors of Section 37 NDPS Act Not Attracted as Recovered Quantity Was Less Than Commercial Quantity.

The applicant, Hitesh Hemant Malhotra, was arrested on 8 June 2019 for offences under Sections 8(c), 20(b), 22(c) and 29 of the Narcotic Drugs and Psy...

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Bombay High Court Dismisses Petition Seeking Quashing of FIR in NDPS Act Case — Ignorance of Gazette Notification Not a Defence. Export of Controlled Substance Without NOC from Narcotics Commissioner Constitutes Prima Facie Offence Under Sections 9A, 25A, 29, 59 of NDPS Act.

The applicant, a director of Vivalavita Pharmaceuticals Pvt. Ltd., sought quashing of FIR No. 48 of 2019 registered by the Anti Drug Department, Azad ...

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High Court of Karnataka Acquits Accused in NDPS Case Due to Lack of Conscious Possession and Procedural Lapses. Conviction under Sections 21(c), 23(c) read with 28 of NDPS Act set aside as prosecution failed to prove possession of contraband beyond reasonable doubt.

The case involves three criminal appeals arising from a common judgment of the XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS...

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Supreme Court Upholds Conviction of Accused in NDPS Case Based on Confessional Statements and Recovery of Charas. Statements under Section 67 of NDPS Act, 1985 held admissible and voluntary, and recovery of contraband from house and auto rickshaw established guilt beyond reasonable doubt.

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Gujarat High Court, which had affirmed the conviction of S...