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Beckodan Abdul Rahiman Vs. State of Kerala

Court : Supreme Court of India

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 9, 18, 31, 36, 41, 42, 42(2), 43 and 50; Opium Act, 1857; Dangerous Drugs Act, 1930; Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988

Reported in : AIR2002SC1810; 2002(1)ALD(Cri)952; 2002(1)ALT(Cri)356; (SCSuppl)2002(4)CHN47; 2002CriLJ2529; 2002(2)Crimes375(SC); 2002(81)ECC8; JT2002(4)SC68; 2002(2)KLT211(SC); RLW2002(4

the States also had enacted certain statutes with a view to deal with illicit traffic in drugs. The Opium act, 1857 related mainly to preventing illicit cultivation of poppy, regulating cultivation of poppy and manufacture of opium. The Opium … gms. of opium without licence, the appellant has been convicted under Section 9(c) read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act, … sentence awarded to the appellant has been assailed mainly on the ground of violation of the provisions of Sections 42 and 50 of the Act. The learned counsel, appearing for the respondent-State has, however, contended that as

State of Himachal Pradesh Vs. Soran Singh

Court : Himachal Pradesh

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 5 to 30, 41, 42, 43, 44, 49, 50, 51, 52(1), 57, 74, 76, 76(2), 82, 82(1) and 293; ;Opium Act, 1857 - Sections 3 and 82(1); ;Opium (Amendment) Act, 1878; ;Dangerous Drugs Act, 1930; ;Criminal Attempts Act, 1981 - Section 1(1); ;Code of Criminal Procedure (CrPC) - Section 293; ;Indian Penal Code (IPC) - Section 489A; ;Narcotic Drugs and Psychotropic Substances Rules, 1985 - Rules 2, 5, 8, 12, 13, 14, 15, 16, 17, 18, 21, 22, 24, 24(2), 31, 33, 36, 36(2) and 54

Reported in : 1998CriLJ1829

commencement. 28. The Act came into force on 16th September, 1985. By Sub-section (1) of Section 82, the Opium Act, 1857, the Opium Act, 1878 and the Dangerous Drugs Act, 1930 are repealed. Sub-section (2) which provides for saving, … a narcotic drug is liable to be excluded in judging the guilt of the accused under the Act?10. Sections 9 and 76 of the Act confer on the Central Government power to make Rules.11. A reading of these

Bahabal Shah Vs. Tarak Nath Chowdhry

Court : Kolkata

Subject : Criminal

Reported in : (1897)ILR24Cal691

before Mr. Justice Rampini, and which has been raised before us. Mr. Justice Rampini considered that under the Opium Act (I of 1878) the police officer had no authority to make the search he did.8. That was practically … having power to arrest without warrant by virtue of the provisions of Section 24 of Act XIII of 1857; and that, being a cognizable case, the police officer was authorized to investigate the case without the order … not we must look at that section and also at some other sections of the Code. Section 165 says that 'whenever an officer in charge … the poppy plants if he had been summoned or ordered under Section 91 of the Code to do so. In my mind this case hinges

State of Rajasthan Vs. Sohansingh and anr.

Court : Rajasthan

Subject : Criminal

Reported in : 1976CriLJ1134; 1976(9)WLN13

and the judgment were in ignorance of the correct law. The cultivation of poppy (opium) is regulated by Opium Act, 1857 (Central Act No. 13 of 1857) and Section 21 of this Act provides as follows,-Any person who shall … latter Act, does not speak of poppy plants. The provisions as respect prohibiting and punishing poppy cultivation under Sections 4 and 9 of the Opium Act, 1878, were deleted by the Dangerous Drugs Act, 1930 (Central Act

State of M.P. Vs. Gobarsingh

Court : Madhya Pradesh

Subject : Criminal

Acts : Opium Act, 1857 - Sections 9

Reported in : 1996CriLJ302

by which he acquitted the respondent of charge levelled against him for offence punishable Under Section 9(a) of Opium Act.2. The prosecution case was that one house situated in village Vishniya, Tahsil Neemuch, Distt. Mandsaur was raided on … Neemuch dtd. 10-11-86 by which he acquitted the respondent of charge levelled against him for offence punishable Under Section 9(a) of Opium Act.2. The prosecution case was that one house situated in village Vishniya, Tahsil Neemuch, Distt.

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

Subject : Right to Information

is exercised in India through a number of Central and State enactments. The principal Central Acts, namely the Opium Act, 1857, the Opium Act, 1878 and the Dangerous Drugs Act, 1930 were enacted a long time ago. With the … certain other judgments, most notably Abdul Rashid v. State of Bihar (2001) 9 SCC578and Noor Aga v. State of Punjab (2008) 16 SCC417 and thereafter … Central Excise Act 1944. He then went on to state that as none of the safeguards contained in sections 161-164 of the CrPC are contained in the NDPS Act when the person is examined under section 67,

State of Orissa Vs. Hari Behera and anr.

Court : Orissa

Subject : Narcotics

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 395; Constitution of India - Article 228; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 82(1); Opium Act, 1878 - Sections 3 and 9

Reported in : 1993(II)OLR591

case does not satisfy the ratio of Badku Joti Svant and subsequent decisions referred to earlier.'So far as Opium Act, 1857 and 1878 are concerned, they have been repealed after coming into force of the Act with effect from … 1986, prosecution report was submitted by the Sub-Inspector of Excise, Under Section 9(a) of Opium Act, 1878 along with 47 (a), Bihar and Orissa Excise … A. Pasayat, J.1. This is a reference by learned Chief Judicial Magistrate, Puri (in short, 'CJM' Under Section 395 of the Code of Criminal Procedure. 1973 (in short, 'Cr PC).2. The background in which reference has

Gawrilal Vs. State of Rajasthan

Court : Rajasthan

Subject : Criminal

Acts : Opium Act, 1857 - Sections 4, 9 and 16; Code of Criminal Procedure (CrPC) - Sections 165; Probation of Offenders Act, 1958

Reported in : RLW2003(4)Raj2370; 2002(5)WLC218; 2002(5)WLN340

16th July, 1987 passed in criminal original case No. 31/82 convicting the petitioner Under Section. 4/9 of the Opium Act and sentencing him to rigorous imprisonment for one year.2. Heard Mr. P.N. Mohnani, learned counsel for the petitioner … to searches, shall so far as may be, apply to searches directed under Section 37(1). Reading the two sections together it merely means that the methodology prescribed for carrying out the search provides in Section 165 of

Great Legalisation Movement India Trust vs Union of India and Ors.

Court : Delhi

Subject : Land Acquisition

number of Central and NEGI W.P.(C) 7608/2019 Page 3 of 11state enactments. The principal Central Acts, namely, the Opium Act, 1857, the Opium Act, 1878 and the Dangerous Drugs Act, 1930 were enacted a long time ago. With the … the Constitution of India, inter alia, challenging the vires of Sections 8(b), 8(c), first proviso to Section 8, Sections 9, 10, 12, 14, 20, 21, 22, 23, 24, 25, 27-31a, 37, 38, 40, 44, 46, 47, 48, 54,

The State Of Himachal Pradesh Vs. Nirmal Kaur @ Nimmo

Court : Supreme Court of India

Subject : Narcotics

to the present enactment, i.e., the 1985 Act coming into force.20. The first of such enactments was the Opium Act, 1857 (for short, “1857 Act”), which was enacted for preventing illicit cultivation of ‘poppy’ and for regulating the cultivation … but may extend to two lakh rupees, depending upon the quantity of ‘poppy straw’. He submitted that, similarly, Sections 17 and 18 of the 1985 Act deal with punishment for contravention in relation to ‘prepared opium’, ‘opium … opium partly in the free state and partly as salts (Thrope, IX, 99; Annett et al., Mem Dep. Agric India, Chem, 1921-23, 6-1; Merck Index,