Maharashtra Bare Acts 1936
Home Acts Maharashtra 1936 Page 4 of about 56 results (0.001 seconds)Bombay Opium Smoking Act, 1936, (Maharashtra) Section 16
Title: Disposal of Persons Arrested and of Articles Seized
State: Maharashtra
Year: 1936
1[(1) Every person arrested and all articles seized under a warrant issued under section 12 shall be forwarded without delay to the authority by which the warrant was issued; and every person arrested and thing seized under section 13 or 13A shall be sent without delay to the officer empowered under section 18 or to the officer in charge of the nearest police station and a full report of all the particulars of Such arrest or seizure made by the person making the arrest or seizure to his immediate official superior.] (2) The authority or officer to whom any person of article is forwarded under this section shall, with all convenient despatch, take such measures as may be necessary for the disposal, according to law, of such person or article. ___________ 1 Sub-section (1) was substituted, by Bom. 19 of 1959. section 23.
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 17
Title: Refusal to Give Name and Residence
State: Maharashtra
Year: 1936
.....having jurisdiction. ___________ 1 These words were substituted for the words "in the presence of any officer of such rank" ibid., section 24(a). 2 This word was substituted for the word "Director" by Mah. 52 of 1973. section 3, Sch. 3 The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation of Laws Order in Council. 4 This was substituted for the word "Provincial" by the adaptation of Laws Older, 1950, 5 These words were substituted for the words "Correct name" by Bom. 19 of 1959, section 24 (b). 6 The word "British" was omitted by the Adaptation of Laws Order, 1950. *For Code of Criminal Procedure, 1898 now read Cr. P.C. 1973 (2 of 1974).
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 18
Title: Certain Officers Empowered to Investigate Offences Under Act
State: Maharashtra
Year: 1936
.....shall release him on his executing a bond, with or without sureties, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence and shall make a full report of the case to his official superior and be guided by the order which he shall receive on such report. (5) The powers of an officer empowered under this section shall be subject to such other modifications or restrictions as the State Government may deem fit. ___________ 1 This word was substituted for the word "Director" by Mah. 52 of 1973. section 3, Sch. 2 Sections 18 and 19 were substituted by Bom. 19 of 1959, section 25. *For Code of Criminal Procedure, 1898 now read Cr. P.C. 1973 (2 of 1974).
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 19
Title: Certain Offences Under Act to Be Nonbailable and Others to Be Bailable
State: Maharashtra
Year: 1936
(1) All offences punishable under this Act other than an offence punishable under section 8 shall be bailable. (2) Offences under section 8 shall be non-bailable. (3) Any officer authorised under section 18 to investigate an offence punishable under this Act shall have power to grant bail in accordance with the provisions of *the Code of Criminal Procedure, 1898(V of 1898). to any person arrested without warrant for an offence punishable under this Act. (4) When any person has been arrested under-section 14 any officer empowered to investigate offences under this Act shall have power to grant bail in accordance, with the provisions of the *Code of Criminal Procedure, 1898(V of 1898).] _____________ *Now read Code of Criminal Procedure, 1973 (2 of 1974).
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 20
Title: Articles Seized During Investigation
State: Maharashtra
Year: 1936
When anything has been seized by any officer exercising powers under section 18, 1[or has been sent to him in accordance with the provisions of this Act.] such officer after such inquiry as may be necessary-- (a) if it appears that such thing is required as evidence in the case of any person arrested, shall forward the thing to the magistrate to whom such person is forwarded or before whom bail has been taken for his appearance; (b) if it appears that such thing is liable to confiscation, but is not required as evidence as aforesaid, shall send the thing with a report of the particulars of the seizure to his superior officer, if any; (c) if no offence appears to have been committed, shall return the thing to the person from whose possession it was taken and shall report to his superior officer, if any, accordingly. _______________ 1 These words were inserted by Bom. 19 of 1959, section 26.
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Title: Penalty for Neglecting to Assist Officers Acting Under the Act
State: Maharashtra
Year: 1936
Any officer or person mentioned in the preceding section who without lawful excuse neglects or refuses to give information or to take preventive measures or to give assistance to any of the officers mentioned in section 12 or section 13 or section 18 in the manner required by the preceding section shall, on conviction, be punishable with fine which may extend to Rs. 500.
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 23
Title: Penalty for Vexatious Search or Arrest
State: Maharashtra
Year: 1936
Any officer empowered under this Act who-- (a) without reasonable ground of suspicion enters or searches, or causes to be searched any place, or (b) vexatiously and unnecessarily seizes the property of any person on the pretext of seizing or searching for anything liable to confiscation under this Act. or (c) vexatiously and unnecessarily detains, searches or arrests any person 1[, or (d) in any other way maliciously exceeds or abuses his lawful powers] shall, on conviction, be punishable with fine which may extend to Rs. 500. __________ 1 The word "or" and clause (d) were inserted by Bom. 19 of 1959, section 28.
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 24
Title: Jurisdiction
State: Maharashtra
Year: 1936
No Magistrate other than a Presidency Magistrate, or a Magistrate of the First Class, or a Magistrate of the Second Class duly empowered in this behalf, shall take cognizance of any offence under this Act.
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 25
Title: Cognizance of Offences
State: Maharashtra
Year: 1936
No Magistrate shall take cognizance of any offence punishable under this Act.-- (a) except on the complaint or report of the 1[Commissioner] or a Collector or any other officer duly empowered under section 12 or a police officer, or (b) except upon his own knowledge or suspicion. __________ 1 This word was substituted for the word "Director" by Mah. 52 of 1973, section 3. Sch.
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 25A
Title: Procedure to Be Followed by Magistrate
State: Maharashtra
Year: 1936
1[In all trials for offences under this Act, the Magistrates shall follow the procedure prescribed in *the Code of Criminal Procedure, 1898(V of 1898), for the trial of summary cases in which an appeal lies. __________ 1 Sections 25A to 25D were inserted by Bom. 19 of 1939, section 29. * Now read the Code of Criminal Procedure, 1973 (2 of 1974).
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