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Home Bare Acts Phrase: abstainKarnataka Excise Act, 1965(Karnataka) Section 42A
Title: Security for Abstaining from Commission of Certain Offences
State: Karnataka
Year: 1965
..... 1 [42A. Security for abstaining from commission of certain offences.-- (1) Whenever any person is convicted of an offence punishable under section 32, section 33, section 34, section 36, or section 37 and the court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of such offence, the court may, at the time of passing sentence on such person, order him to execute a bond in the prescribed form for a sum proportionate to his means, with or without sureties, for abstaining from the commission of such offences during such period, not exceeding three years, as it thinks fit to fix. (2) The provisions of the 2 [Code of Criminal Procedure, 1973], shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of the said Code. (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an appellate Court, or by the High Court when exercising its powers of appeal or revision.] .....
View Complete Act List Judgments citing this sectionCode of Criminal Procedure, 1973 Section 269
Title: Officer in Charge of Prison to Abstain from Carrying out Order in Certain Contingencies
State: Central
Year: 1973
Where the person in respect of whom an order is made under section 267, (a) is by reason of sickness or infirmity unfit to be removed from the prison; or (b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or (c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or (d) is a person to whom an order made by the State Government under section 268 applies, the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining: Provided that where the attendance of such person is required for giving evidence at a place not more than twenty-five kilometers distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b).
View Complete Act List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Section 34
Title: Security for Abstaining from Commission of Offence
State: Central
Year: 1985
(1) Whenever any person is convicted of an offence punishable under any provision of Chapter IV and the court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of any offence under this Act, the court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from commission of any offence under Chapter IV during such period not exceeding three years as it thinks fit to fix. (2) The bond shall be in such form as may be prescribed by the Central Government and the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of that Code. (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an appellate court or by the High Court or Sessions Judge when exercising the powers of revision.
View Complete Act List Judgments citing this sectionPrisoners (Attendance in Courts) Act, 1955 Section 6
Title: Officer in Charge of Prison when to Abstain from Carrying out Order
State: Central
Year: 1955
Where the person in respect of whom an order is made under section 3-- (a) is, in accordance with the rules made in this behalf, declared to be unfit to be removed from the prison where he is confined by reason of sickness or other infirmity; or (b) is under committal for trial; or (c) is under remand pending trial or pending a preliminary investigalion; or (d) is in custody for a period which would expire before the expiration of the time required for removing him under this Act and for taking him back to the prison in which he is confined, the officer in charge of the prison shall abstain from carrying out the order and shall send to the court from which the order had been issued a statement of reasons for so abstaining: Provided that such officer as aforesaid shall not so obstain where-- (i) the order has been made by a criminal court; and (ii) the person named in the order is confined under committal for trial or under remand pending trial or pending a preliminary investigation and is not declared in accordance with the rules made in this behalf to be unfit to be removed from the prison where he is confined by reason of sickness or other infirmity; and .....
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 43B
Title: Security for Abstaining from Cocaine Offences
State: Maharashtra
Year: 1878
.....may at the time of passing sentence on such person order him to execute a bond for a sum proportionate to his means with or without sureties for abstaining from such offences during such period not exceeding three years as it thinks fit to fix. (2) If the conviction is set aside on appeal or otherwise the bond so executed shall become void. (3) An order under this section may also be made by an Appellate Court or by the High Court when exercising its powers of revision. (4) The proceedings subsequent to the making of any order under this section shall be regulated as nearly as may be, by the provisions of sections 120, 122, 123, 124, 125 and 126 of the Code of Criminal Procedure, 1898, as if such order had been made under section 106 of the said Code and the provisions of sections 513, 514 and 515 of the said Code shall so far as may be apply to bonds executed under this section.] ____________ 1. Sections 43-A and 43-B were inserted by Bom. Act III of 1917, section 3.
View Complete Act List Judgments citing this sectionKarnataka Prohibition Act, 1961 Section 91
Title: Demand for Security for Abstaining from Commission of Certain Offences
State: Karnataka
Year: 1961
(1) Whenever any person is convicted of an offence punishable under this Act, the Court convicting such person, may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means with or without sureties to abstain from the commission of offences punishable under the provisions of this Act during such period not exceeding three years as it may direct. (2) The bond shall be in such form as may be provided under the provisions of the Code of Criminal Procedure, 1898, and the provisions of the said Code shall in so far as they are applicable apply to all matters connected with such bond as if it were a bond to keep peace, ordered to be executed under section 106 of the said Code. (3) If the conviction is set aside on appeal, the bond so executed shall become void.
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 11
Title: Security for Abstaining from Offences
State: Maharashtra
Year: 1936
1[(1) Whenever any person is convicted of an offence punishable under this Act, the court convicting such person, may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from the commission of offences punishable under the provisions of this Act during such period, not exceeding three years, as it may direct. (2) The bond shall be in such form as may be provided under the provisions of the *Code of Criminal Procedure, 1898(V of 1898) and the provisions of the said Code shall, in so far as they are applicable apply to all matters connected with such bond, as if it were a bond to keep the peace ordered to be executed under section 106 of the said Code.] (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an appellate court or by the High Court when exercising its power of revision. ____________ 1 Sub-sections (1) and (2) were substituted, ibid. section 17. * Read for Cr. P.C. 1898 (V of 1898) Cr. P. Code, 1973, (2 of 1974).
View Complete Act List Judgments citing this sectionBombay Prohibition Act, 1949, (Maharashtra) Section 91
Title: Demand for Security for Abstaining from Commissioner of Certain Offences
State: Maharashtra
Year: 1949
(1) Whenever any person is convicted of an offence punishable under this Act. the Court convicting such person, may, at the time of passing the sentence on such person, order him to execute a bond for a sum proportionate to his means with or without sureties to abstain from the commission of offences punishable under the provisions of this Act during such period not exceeding three years as it may direct. (2) The bond shall be in such form as may be provided under the provisions of Code of Criminal Procedure, 1898 (V of 1898), and the provisions of the said code shall in so far as they are applicable apply to all matters connected with such bond if it were a bond to keep the peace ordered to be executed under Section 106 of the said code. (3) If the conviction is set aside in appeal the bond so executed shall become void.
View Complete Act List Judgments citing this sectionKarnataka Excise Act, 1965(Karnataka) Chapter VII
Title: Offences and Penalties
State: Karnataka
Year: 1965
.....rule, notification or order, made, issued or given thereunder, or of any licence or permit granted under this Act, imports, exports, transports, manufactures, collects or possesses any intoxicant, shall, on conviction,1[be punished for each offence with rigorous imprisonment for a term which may extend to2[three years and with fine which may extend to five thousand rupees.]] 1[Provided that the punishment,- (i) for the first offence shall be not less than2[six month's rigorous imprisonment and fine of not less than rupees one thousand]; and (ii) for the second and subsequent offences shall be not less than2[one year rigorous imprisonment and fine of not less than rupees two thousand] for each such offence.] (2) Whoever in contravention of this Act, or of any rule, notification or order made, issued or given thereunder, or of any licence or permit granted under this Act,- (a) save in the cases provided for in section 37, sells any intoxicant; or (b) cultivates or fails to take the measures prescribed for checking the spontaneous growth or for the extirpation of the hemp plants; or (c) taps or draws toddy from any toddy-producing tree or; (d) constructs or works any.....
View Complete Act List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Chapter 4
Title: Offences and Penalties
State: Central
Year: 1985
.....to prepared opium Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable,-- (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both; or (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees; or (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. Section 18 - Punishment for contravention in relation to opium poppy.....
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