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Start Free TrialBombay Abkari Act, 1878, (Maharashtra) Section 41B
Title: Bail
State: Maharashtra
Year: 1878
1[(1) Any Abkari-officer empowered 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, to any person arrested without a warrant for an offence punishable under this Act. (2) When any person has been arrested under section 38-A for a bailable offence punishable under the Indian Penal Code any Abkari-officer empowered under sub-section (1) to grant bail shall have power to grant bail to such person in accordance with the provisions of the Code of Criminal Procedure, 1898.] _____________ 1. Sections 41-A and 41-B were substituted for the original section 41 by Bom. Act XII of 1912, section 25.
View Complete Act List Judgments citing this sectionOpium Act, 1878 Complete Act
State: West Bengal
Year: 1878
OPIUM ACT, 1878 OPIUM ACT, 1878 January 9, 1878 Act, No. of An Act to amend the law relating to opium. Preamble.- Whereas it is expedient to amend the law relating to opium. It is hereby enacted as follows Section 1 Short title and extent 1Words subs, for the words "It shall extend to such local areas as the Governor General In Council may, by notification In the Gazette of India, from time to time direct;" by Act 33 of 1950.[It extends to the whole of India except the State of Jammu and Kashmir.] This Act may be called the Opium Act, 1878. Section 2 . 1 Sec. 2 rep. partly by Act 12 of 1891 and partly by Act 4 of 1894, which was earlier as under :- "2. Repeal of enactments. Amendment of Acts. Amendment of Act 7 of 1836.-The enactments mentioned In the schedule hereto annexed shall be repealed to the extent specified In the third column of the said schedule: And in Acts No. XI of 1849, No. XXI of 1856 and No. X Of 1871, and In Bengal Act No. II of 1876, the words "intoxicating drugs" (wherever they occur) shall not Include opium. The reference made to Bombay Regulations XXI of 1827 and XX of 1830 In Act No. VII of 1836 shall be read as if made to the corresponding.....
List Judgments citing this sectionBombay Abkari Act, 1878 Complete Act
State: Maharashtra
Year: 1878
BOMBAY ABKARI ACT, 1878 BOMBAY ABKARI ACT, 1878 (Act V of 1878) [Passed on the 19th September, 1878] INTRODUCTION In India, orthodox religious opinions or rules have many a times influenced various political or social mass movements. The case of consumption of liquor is one of them. The issue of consumption of intoxicating drinks was condemned by the major oriental religions particularly Hindu and Muslim, in the subcontinent. But the advent of the Britishers in India changed the existing system, to a certain extent. The colonial Government secured income out of the production, sale and consumption of wine and other intoxicants. The main section of the independence movement led by the Indian National Congress was vigorously propagating against the consumption of intoxicating drinks and had launched a action programme of picketing against "liquor shops" to mobilise the people. The "liquor shop" was selected as a symbol of British Imperialism, so that a common man can fight against this identifiable imperialist object. Apart from this political object, other objectives were to make people conscious about health hazards of boozing and compell the Government treasury to.....
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 sectionBombay Abkari Act, 1878, (Maharashtra) Section 38D
Title: Refusal to Give Name and Residence
State: Maharashtra
Year: 1878
1[(1) When any person who in the presence of any officer of the Abkari Department of such rank as Government may prescribe has committed or has been accused of committing an offence under this Act refuses, on demand of such officer, to give his name and residence or gives a name and residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. (2) When the true name and residence of such person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear before a Magistrate if so required : Provided that, if such person is not resident in British India, the bond shall be secured by a surety or sureties resident in British India. (3) Should the true name and residence of such person not be ascertained within twenty-four hours from the time of arrest or should be fail to execute the bond or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.] ____________ 1. Sections 38-A, 38-B, 38-C and 38-D were inserted by Bom. Act XII of 1912, section 22.
View Complete Act List Judgments citing this sectionOpium Act, 1878 Complete Act
State: Central
Year: 1878
.....to the pre-Reorganisation State of Bombay (excluding the transferred territories) has been repealed in whole, see Bombay Repealing and Amending Act, 1959 (Born. Act LXIII of 1959). As to repeal of this Act in the other areas of the State of Bombay, sec Born. Act XXV of 1949 as amended by Born. Act XII of 1959. The Act has now been revived in Bombay area of Mysore by Mysore Act XVII of 1962. It has now been extended to the Union territory of- (1) Goa, Daman and Diu, by Regn. XII of 1962 (31-3-1963); (2) Pondicherry, by Regn. VII of 1963 (1-10-1963); and (3) Laccadive, Minicoy and Amindivi Islands, by Regn, VIII of 1965 (1-10- 1967). The Act has been extended to the Union territory of Dadraand Nagar Havell by G.S.R. 450 of 1968 issued under .Section 10 of Act 31 of 1965, with effect from 1-4- 1968. Act enforced in the Union territory of Goa, Daman and Diu on 31-1-1963-See Goa Govt. Gaz" 31-1-1963, Sr. I, No. 5 (Supplement), P. 31, SECTION 01: SHORT TITLE This Act may be called THE OPIUM ACT, 1878. Local extent.-2[It extends to the whole of India except the State of Jammu and Kashmir.] SECTION 02: REPEAL AND AMENDMENT OF ENACTMENT -[Repealed by the Repealing and Amending Act,.....
List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 9
Title: Import of Excisable Articles
State: Maharashtra
Year: 1878
1[III. IMPORT, EXPORT AND TRANSPORT (1) No excisable article and no hemp shall be imported unless - (a) Government has given permission, either general or special, for its import; (b) such conditions, if any, as Government may impose, have been satisfied; and (c) the duty, if any, imposed under section 19 has been paid or a bond has been executed for the payment thereof. (2) Sub-section (1) shall not apply to any article which has been imported into British India and was liable on such importation to duty under the Indian Tariff Act, 1894, or the Sea Customs Act, 1878. (3) Clauses (a) and (b) of sub-section (1) shall not apply to liquor manufactured in British India and declared by notification under clause (8) of section 3 to be foreign liquor. _____________ 1. This Chapter was substituted for the original Chapter by Bom. Act XII of 1912, section 3.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 10
Title: Export and Transport of Excisable Articles
State: Maharashtra
Year: 1878
No excisable article and no hemp shall be exported or transported unless - (a) the duty, if any imposed under section 19, or (b) if the article was previously imported, the duty, if any imposed on its importation under the Indian Tariff Act, 1894, or the Sea Customs Act, 1878 has been paid or a bond has been executed for the payment thereof.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 15A
Title: Removal of Excisable Article from Distillery, Etc.
State: Maharashtra
Year: 1878
1[No excisable article or hemp shall be removed from any distillery, brewery, warehouse or other place of storage established or licenced under this Act, unless the duty, if any, imposed under section 19 has been paid or bond has been executed for the payment thereof.] ______________ 1. Section 15-A was inserted by Bom. Act XII of 1912, section 6.
View Complete Act List Judgments citing this sectionBombay Abkari Act, 1878, (Maharashtra) Section 38B
Title: Disposal of Person Arrested
State: Maharashtra
Year: 1878
1[Subject to the provisions as to bail hereinafter contained every person arrested under section 38-A shall without unnecessary delay be taken or sent by the person arresting him before a Magistrate having jurisdiction in the case or before the officer in charge of police-station.] ____________ 1. Sections 38-A, 38-B, 38-C and 38-D were inserted by Bom. Act XII of 1912, section 22.
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