Search Results for "search before Gazetted Officer"

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Search Results for "search before Gazetted Officer"

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High Court

High Court of Bombay at Goa Acquits Appellant in NDPS Case Due to Non-Compliance of Section 50 -- Search Procedure Violated Mandatory Safeguards Under Narcotic Drugs and Psychotropic Substances Act, 1985

19 Jan 2026

The Appellant, a Kenyan national, was convicted by the Additional Sessions Court for offences under Sections 22(c) and 21(b) of the Narcotic Drugs and...

High Court

High Court of Karnataka Quashes NDPS Proceedings Against Accused Due to Non-Compliance with Section 42 of NDPS Act. Failure to Record Credible Information in Writing Renders Search Illegal, Entitling Accused to Benefit of Doubt.

21 Sep 2022

The petitioner, Mruthyunjaya, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the entire proceeding...

Supreme Court

Supreme Court Allows State Appeal in NDPS Case: Recovery from Vehicle Search Not Vitiated by Non-Compliance of Section 50 for Personal Search. The Court held that Section 50 of the NDPS Act applies only to personal search, and recovery of contraband from a vehicle can independently sustain a conviction under Section 15.

15 Oct 2019

The State of Punjab appealed against the judgment of the High Court of Punjab and Haryana which had set aside the conviction and sentence of Baljinder...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance of Section 50 — Search of Bag Not Covered Under Mandatory Procedure. The court held that Section 50 of the NDPS Act applies only to personal search, not to search of a bag, and thus the conviction was set aside.

27 Jun 2019

The appellants, Rehanabi Sheikh Atiq and Sheikh Sohel Sheikh Atiq, were convicted by the Additional Sessions Judge, Wardha in Special (NDPS) Case 2/20...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 50 and Lack of Evidence of Conscious Possession. The court held that the applicant was not present at the time of recovery and the only evidence against him was the inadmissible statement of co-accused, thus the rigours of Section 37 of NDPS Act were not attracted.

7 Feb 2019

The applicant, Siraj Shaikh Nasir Munshi, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with C.R. N...

High Court

Bombay High Court Grants Bail to Accused in NDPS Case Due to Lack of Conscious Possession and Non-Compliance with Section 37 Conditions. The court held that mere disclosure by co-accused without independent evidence does not constitute prima facie case under Section 8(c) read with Rules 22 and 29 of NDPS Act.

7 Feb 2019

The applicant, Siraj Shaikh Nasir Munshi, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, in connection with C.R. ...

High Court

High Court of Bombay at Goa Acquits Accused in NDPS Case Due to Non-Compliance with Section 50 — Failure to Offer Personal Search Before Gazetted Officer or Magistrate Renders Conviction Unsustainable. The court held that the prosecution must prove compliance with Section 50 of the NDPS Act, and in the absence of such proof, the recovery of contraband is illegal and the conviction cannot stand.

4 Jul 2018

The appellant, Shripad Tandel, was convicted by the trial court under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985...

High Court

Bombay High Court Acquits Appellants in NDPS Case Due to Non-Compliance with Sections 42 and 50. Conviction under Section 20(b)(ii)(C) of NDPS Act, 1985 set aside as search and seizure conducted without proper authorization and failure to inform accused of right to be searched before a Magistrate or Gazetted Officer.

10 Jul 2015

The appellants, original accused Nos.1, 4, and 5, were convicted by the Special Judge, Solapur in Special Case No.24 of 2007 for an offence punishable...

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...

High Court

Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50. Conviction under Section 21 of NDPS 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.

2 Sep 2011

The appellant, Suleman Oguk @ Soni, was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) by the Speci...

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