Search Results for "sanction under NDPS Act"

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Search Results for "sanction under NDPS Act"

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High Court

Madras High Court Upholds Denial of Ordinary Leave to Convicts in Multiple Cases Due to Adverse Police Reports. Court Dismisses Petitions Seeking Leave for Convicts Convicted of Heinous Offences, Holding That Prison Authorities' Discretion Under Tamil Nadu Prison Rules Must Be Exercised Based on Objective Assessment of Threat to Public Order.

28 Apr 2026

The judgment involves four writ petitions filed by family members of convicts seeking ordinary leave for the convicts. The petitioners are Rajammal (m...

Supreme Court

Supreme Court clarifies the scope of possession of child pornography under POCSO and IT Act. Mere possession or downloading of child pornography is not an offense under POCSO unless accompanied by intent to distribute or transmit. However, POCSO's strict provisions aim to protect children, considering child pornography's significant impact on societal welfare.

23 Sep 2024

Scope of Section 15 of the POCSO: The primary legal issue was whether mere possession of child pornographic material without intent to distribut...

High Court

Court Rejects Bail Applications in NDPS Cases Despite Absence of FSL Report in Chargesheet. Chargesheet Considered Complete Without FSL Report; Legal Precedents and Procedural Compliance Upheld

3 Jul 2024

The court examined bail applications under the NDPS Act, focusing on whether a charge-sheet filed within 180 days without an FSL report entitled the a...

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...

High Court

High Court of Karnataka Quashes Remand Order and Grants Bail in NDPS and Arms Act Case — Non-Compliance with Section 52A of NDPS Act Renders Seizure Suspect. The court held that the mandatory procedure under Section 52A of the NDPS Act for sampling and certification of seized contraband was not followed, making the seizure invalid and the remand order unsustainable, thereby granting bail to the accused.

29 Mar 2022

The petitioner, Mr. Sayyad Mohammad @ Nasim, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Ka...

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...

High Court

Bombay High Court Quashes NDPS Prosecution for Lack of Sanction Under Section 36A(2) of NDPS Act — Cognizance by Special Court Without Valid Sanction Held Illegal. The court held that the mandatory requirement of previous sanction under Section 36A(2) of the NDPS Act was not complied with, rendering the entire prosecution void.

9 Feb 2015

The applicants, Shailesh Kanada (accused No.3) and Kailash Rajput (accused No.2), were prosecuted in NDPS Special Case No.51/13 pending before the Spe...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Section 42 of NDPS Act, 1985. Secret Information Not Reduced to Writing and Forwarded to Superior Officer, Vitally Affecting the Prosecution Case.

12 Aug 2011

The appellant, Satnamsingh Sodi, was convicted by the learned Sessions Judge & Special Judge, Nanded, in Special Case (NDPS) No. 24/1998 for the offen...

High Court

Bombay High Court Dismisses Union of India's Appeal Against Acquittal in NDPS Case — Failure to Prove Conscious Possession of Ganja. Court held that mere recovery of contraband from premises occupied by multiple persons does not establish exclusive possession of the accused under the Narcotic Drugs and Psychotropic Substances Act, 1985.

20 Nov 2006

The Union of India appealed against the acquittal of respondent No.1, Dattu Mukinda Kanchan, by the Special Court under the NDPS Act in NDPS Sessions ...

High Court

Bombay High Court Dismisses NCB Appeal Against Acquittal in NDPS Case Due to Lack of Independent Panch Witnesses and Procedural Irregularities. Heroin Recovery from Hotel Room Found Unreliable as Panch Witnesses Were Hotel Employees and Not Independent.

19 Jan 2005

The appeal was filed by the Intelligence Officer of the Narcotic Control Bureau against the judgment and order of the Special Judge, Gr. Bombay dated ...

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