Title : Power to Take Possession
State : Central
Year : 1985
(1) Where any property has been declared to be forfeited to the Central Government under this Chapter, or where the person affected has failed to pay the fine due under sub-section (1) of section 68K within the time allowed therefor under sub-section (3) of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed under section 68G or to any person duly authorised by him in this behalf within thirty days of the service of the order. (2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take possession of the property and may for that purpose use such force as may be necessary. ..... View Complete Act List Judgments citing this sectionTitle : Protection of Action Taken in Good Faith
State : Central
Year : 1985
No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government or any officer of the Central Government or of the State Government or any other person exercising any powers or discharging any functions or performing any duties under this Act, for anything in good faith done or intended to be done under this Act or any rule or order made thereunder. View Complete Act List Judgments citing this sectionTitle : Punishment for Financing Illicit Traffic and Harbouring Offenders
State : Central
Year : 1985
1[27A. Punishment for financing illicit traffic and harbouring offenders Whoever indulges in financing, directly or indirectly, any of the activities specified in sub-clauses (i) to (v) of clause (viiia) of section 2 or harbours any person engaged in any of the aforementioned activities, shall be punishable 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]. ______________________ 1. Inserted by Act 2 of 1989, section 8 (w.e.f. 29-5-1989). View Complete Act List Judgments citing this sectionTitle : 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..... View Complete Act List Judgments citing this sectionTitle : Power of Attachment of Crop Illegally Cultivated
State : Central
Year : 1985
Any Metropolitan Magistrate, Judicial Magistrate of the first class or any Magistrate specially empowered in this behalf by the State Government1[or any officer of a gazetted rank empowered under section 42] may order attachment of any opium poppy, cannabis plant or coca plant which he has reason to believe to have been illegally cultivated and while doing so may pass such order (including an order to destroy the crop) as he thinks fit. ______________________ 1. Inserted by Act 2 of 1989, section 13 (w.e.f. 29-5-1989). View Complete Act List Judgments citing this sectionTitle : Disposal of Persons Arrested and Articles Seized
State : Central
Year : 1985
(1) Any officer arresting a person under section 41, section 42 section 43 or section 44 shall, as soon as may be, inform him of the grounds for such arrest. (2) Every person arrested and article seized under warrant issued under sub-section (1) of section 41 shall be forwarded without unnecessary delay to the Magistrate by whom the warrant was issued. (3) Every person arrested and article seized under sub-section (2) of section 41, section 42, section 43 or section 44 shall be forwarded without unnecessary delay to-- (a) the officer-in-charge of the nearest police station, or (b) the officer empowered under section 53. (4) The authority or officer to whom any person or article is forwarded under sub-section (2) or sub-section (3) shall, with all convenient despatch, take such..... View Complete Act List Judgments citing this sectionTitle : [Omitted]
State : Central
Year : 1985
1[***] ______________________ 1. Section 65 omitted by Act 2 of 1989, section 18 (w.e.f. 29-5-1989). View Complete Act List Judgments citing this sectionTitle : Presumption as to Documents in Certain Cases
State : Central
Year : 1985
Where any document-- (i) is produced or furnished by any person or has been seized from the custody or control of any person, in either case, under this Act or under any other law, or (ii) has been received from any place outside India (duly authenticated by such authority or person and in such manner as may be prescribed by the Central Government) in the course of investigation of any offence under this Act alleged to have been committed by a person, and such document is tendered in any prosecution under this Act in evidence against him, or against him and any other person who is tried jointly with him, the court shall-- (a) presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular..... View Complete Act List Judgments citing this sectionTitle : Transitional Provisions
State : Central
Year : 1985
Every officer or other employee of the Government exercising or performing immediately before the commencement of this Act, any powers or duties with respect to any matters provided for in this Act, shall, on such commencement, be deemed to have been appointed under the relevant provisions of this Act to the same post and with the same designation as he was holding immediately before such commencement. View Complete Act List Judgments citing this sectionTitle : Repeal and Savings
State : Central
Year : 1985
(1) The Opium Act, 1857 (13 of 1857), the Opium Act, 1878 (1 of 1878) and the Dangerous Drugs Act, 1930 (2 of 1930) are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under any of the enactments repealed by sub-section (1) shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. View Complete Act List Judgments citing this section