Title : Punishment for Contravention in Relation to Cannabis Plant and Cannabis
State : Central
Year : 1985
Whoever, in contravention of any provisions of this Act or any rule or order made or condition of licence granted thereunder,-- (a) cultivates any cannabis plant; or (b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable-- 1[(i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees; and (ii) where such contravention relates to sub-clause (b),-- (A) and 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; (B) and involves quantity lesser than..... View Complete Act List Judgments citing this sectionTitle : Punishment for Contravention of Orders Made Under Section 9a
State : Central
Year : 1985
1[25A. Punishment for contravention of orders made under section 9A If any person contravenes an order made under section 9A, he shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding one lakh rupees.] ______________________ 1. Inserted by Act 2 of 1989, section 7 (w.e.f. 29-5-1989). View Complete Act List Judgments citing this sectionTitle : Punishment for Certain Acts by Licensee or His Servants
State : Central
Year : 1985
If the holder of any licence, permit or authorisation granted under this Act or any rule or order made thereunder or any person in his employ and acting on his behalf-- (a) omits, without any reasonable cause, to maintain accounts or to submit any return in accordance with the provisions of this Act, or any rule made thereunder; (b) fails to produce without any reasonable cause such licence, permit or authorisation on demand of any officer authorised by the Central Government or State Government in this behalf; (c) keeps any accounts or makes any statement which is false or which he knows or has reasons to believe to be incorrect; or (d) wilfully and knowingly does any act in breach of any of the conditions of licence, permit or authorisation for which a penalty is not..... View Complete Act List Judgments citing this sectionTitle : Factors to Be Taken into Account for Imposing Higher Than the Minimum Punishment
State : Central
Year : 1985
1[32B. Factors to be taken into account for imposing higher than the minimum punishment Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this Act, the court may, in addition to such factors as it may deem fit, take into account the following factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine, namely:-- (a) the use or threat of use of violence or arms by the offender; (b) the fact that the offender holds a public office and that he has taken advantage of that office in committing the offence; (c) the fact that the minors are affected by the offence or the minors are used for the commission of an offence; (d) the fact that the offence is committed in an educational institution or..... View Complete Act List Judgments citing this sectionTitle : Application of Code to Proceedings Before a Special Court
State : Central
Year : 1985
1[36C. Application of Code to proceedings before a Special Court Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor.] ______________________ 1. Inserted by Act 2 of 1989, section 11 (w.e.f. 29-5-1989). View Complete Act List Judgments citing this sectionTitle : Power to Call for Information, Etc.
State : Central
Year : 1985
Any officer referred to in section 42 who is authorised in this behalf by the Central Government or a State Government may, during the course of any enquiry in connection with the contravention of any provisions of this Act,-- (a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder; (b) require any person to produce or deliver any document or thing useful or relevant to the enquiry; (c) examine any person acquainted with the facts and circumstances of the case. View Complete Act List Judgments citing this sectionTitle : Power of Central Government to Give Directions
State : Central
Year : 1985
1[74A. Power of Central Government to give directions The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution of the provisions of this Act, and the State Government shall comply with such directions.] ______________________ 1. Inserted by Act 2 of 1989, section 20 (w.e.f. 29-5-1989). View Complete Act List Judgments citing this sectionTitle : Punishment for Allowing Premises, Etc., to Be Used for Commission of an Offence
State : Central
Year : 1985
1[25. Punishment for allowing premises, etc., to be used for commission of an offence Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this Act, shall be punishable with the punishment provided for that offence.] ______________________ 1. Substituted by Act 9 of 2001, section 9, for section 25 (w.e.f. 2-10-2001). View Complete Act List Judgments citing this sectionTitle : Presumption of Culpable Mental State
State : Central
Year : 1985
(1) In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation.--In this section "culpable mental state" includes intention, motive knowledge of a fact and belief in, or reason to believe, a fact. (2) For the purpose of this section, a fact is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability. View Complete Act List Judgments citing this sectionTitle : Constitution of Special Courts
State : Central
Year : 1985
1[36. Constitution of Special Courts (1) The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be specified in the notification. (2) A Special Court shall consist of a single Judge who shall be appointed by the Government with the concurrence of the Chief Justice of the High Court. Explanation.-- In this sub-section, "High Court" means the High Court of the State in which the Sessions Judge or the Additional Sessions Judge of a Special Court was working immediately before his appointment as such Judge. (3) A person shall not be qualified for appointment as a Judge of a Special Court unless he is, immediately before..... View Complete Act List Judgments citing this section