Advanced Search Results

Bombay Cycle and Motor Agency Ltd. Vs. Bhagwanprasad Ramragubir Pandey

Court : Mumbai

Subject : Criminal

Reported in : (1974)76BOMLR612

note that this view was taken by these High Courts notwithstanding the fact that neither Section 11 nor Section 12 of the Opium Act, 1878 confers any specific right on a claimant of being' heard muchless of any … vehicle was confiscated to the State.22. In this connection we may refer to a few decisions under the Opium Act, 1878 and one decision under Mysore Prohibition Act, 1948. In Manghcm Dass v. Bahim Bux A.I.R [1921] . Pat.

Organon (India) Ltd. (Now Known as Infar (India) Ltd. and Another Vs. ...

Court : Supreme Court of India

Subject : CriminalNarcotics

Acts : Dangerous Drugs Act, 1930 - Sections 5 and 7; Opium Act, 1878 - Sections 2, 3, 4 and 5; Constitution of India - Articles 141, 245, 301, 303, 305 and 372; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 34, 59 and 82; Sea Customs Act, 1878 - Sections 3A; Dangerous Drugs (Import, Export and Transshipment) Rules, 1957 - Rules 2(2), 7, 9, 10, 11, 12, 13, 14, 15 and 17; Government of India Act, 1935 - Sections 292; Essential Supplies (Temporary Powers) Act, 1946 - Sections 3(1); M.P. Poppy Husk Rules, 1959 - Rules 3A, 5, 6 and 8; Central Sales Tax Act, 1956 - Sections 5; Mines & Minerals (Regulations and Development) Act, 1957 - Sections 2

Reported in : AIR1994SC2489; JT1994(4)SC438; 1994(3)SCALE421; 1995Supp(1)SCC53; [1994]Supp2SCR50

ORDERB.P. Jeevan Reddy, J.1. In these appeals, validity of Section 5 of the Opium Act, 1878 and of certain Rules made thereunder by the Madhya Pradesh Government is called in question. Though the Opium … that opium shall be exported by sea only from two Ports, viz., Bombay and Calcutta. Rules 11 and 12 deal with export by land while Rules 13, 14 and 15 deal with export by air. Rule 17

The State of Punjab Vs. Dara

Court : Punjab and Haryana

Subject : Criminal

Reported in : 1976CriLJ1226

recovered from an accused person falls within the definition of 'opium' as contained in Section 3 of the Opium Act, 1878, or not. Under that provision, 'opium' means-3. Interpretation-clause - In this Act. unless there be something repugnant in … Asstt. Chemical Examiner, Punjab, Chandigarh, for analysis. About this sample, it was reported by him that it contained 12% morphine. The earlier sample which had been sent to the Assistant Chemical Examiner, Punjab, Amritsar, was reported to

Shamjibhai Dhanjibhai Vs. State of Gujarat

Court : Gujarat

Subject : Criminal

Reported in : (1973)14GLR237

High Court had to deal with a similar question. Definition of 'opium' given in Section 3 of the Opium Act, 1878, is practically in pan materia with the definition given in Section 2(30) of the Act.13. In re. Ramapuram … State) and (3) decision of D. A. Desai, J., in Criminal Appeal No. 1009 of 1971, decided on 12-1-1972. (Bai Habiban v. State) He had also relied upon my decision in Criminal Appeal No. 982 of 1965,

Lt. Governor, Nct and ors. Vs. Ved Prakash @ Vedu

Court : Supreme Court of India

Subject : Criminal

Acts : Delhi Police Act, 1978 - Sections 45, 47, 48, 50 and 59; Delhi Public Gambling Act, 1955 - Sections 3, 4 and 12; Suppression of Immoral Traffic in Women and Girls Act, 1956; Arms Act, 1959 - Sections 25, 26, 27, 28 and 29; Customs Act, 1962 - Sections 135; Punjab Excise Act, 1955 - Sections 61, 63 and 66; Opium Act, 1878; Dangerous Drugs Act, 1930; Drugs and Cosmetics Act, 1940; Bombay Prevention of Begging Act, 1959 - Sections 11, 107 and 108; Bombay Police Act - Sections 56; Indian Penal Code (IPC) - Sections 34, 290, 308, 323, 427, 458, 498A to 498E, 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 70 to 89, 119 to 124, 445, 446, 447 and 448; Constitution of India - Article 21

Reported in : JT2006(5)SC425; 2006(5)SCALE250; (2006)5SCC228; 2006(1)LC739(SC)

1955, as in force in Delhi; or(g) on two or more occasions of an offence under- (i) the Opium Act, 1878; or (ii) the Dangerous Drugs Act, 1930; or (iii) the Drugs and Cosmetics Act, 1940; or(iv) Section 11 … of an offence under Section 3 or Section 4 of the Delhi Public Gambling Act, 1955, or under Section 12 of that Act in so far as it relates to satta gambling or on two or more occasions

income-tax Officer Vs. Rameshwar Prasad Kishan Gopal

Court : Income Tax Appellate Tribunal ITAT Allahabad

Subject : Direct Taxation

Reported in : (1983)6ITD311(All.)

Its system of accounting is mercantile. No rate of excise duty was specified on poppy heads under the Opium Act, 1878, but only under Rule 42A(J) of the U.P. Poppy Head Rules, 1961, under a notification dated 1-7-1969 vide … the assessee debited the duty in accounts and the judgment had been appealed against. It was held that Section 41(1) of the Income-tax Act, 1961 ('the Act'), could not be resorted to as it could not be … the District Excise Officer. The Hon'ble High Court vide its order, dated 12-4-1973, ultimately held the said rule 42A to be ultra vires of the

Raj Kumar Karwal Vs. Union of India and Others

Court : Supreme Court of India

Subject : Narcotics

Acts : Central Excise Act, 1944 - Sections 21(2); Opium (Amendment) Act, 1878; Code of Criminal Procedure (CrPC) 1973 - Sections 154, 162, 173, 176, 190(1) and 439; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 21, 23, 29, 30, 35, 36-A, 41, 42, 43, 44, 49, 50, 51, 52-A, 53, 54, 55, 57 and 67; Evidence Act, 1872 - Sections 25; Customs Act, 1962 - Sections 135A; Opium Act, 1856; Dangerous Drugs Act, 1930; Universal Declaration of Human Rights, 1948 - Article 25; International Covenant on Economical, Social and Cultural Rights, 1966 - Article 12; Police Act, 1861; Sea Customs Act - Sections 167(81); Railway Property (Unlawful Possession) Act, 1966 - Sections 8(1)

Reported in : AIR1991SC45; 1991CriLJ97; 1990(2)Crimes435(SC); 1990(48)ELT496(SC); JT1990(1)SC503; 1990(1)SCALE509; (1990)2SCC409; [1990]2SCR63; 1990(2)LC373(SC); 1991 Cri LJ 197

over narcotic drugs was exercised through certain State and Central enactments, principally through the Opium Act, 1856, the Opium Act. 1878, the Dangerous Drugs Act, 1930, etc. However, with the increase in drug abuse and illicit drug traffic certain … facts, briefly stated. A motor truck DEL 3124 was intercepted on July 12, 1986 near Calcutta by the DRI officials. On search a large quantity … Revenue Intelligence (DRI) who have been invested with the powers of an officer-in-charge of a police station under Section 53 of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called 'the Act'), 'police officers' within the meaning

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

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, lays down :Notwithstanding such … measurement of land cultivated with opium poppy and the preliminary weighment of the produce is governed by Rules 12 and 13, respectively. All opium produced by the authorised cultivator shall be delivered to the District Opium Officer

Jit Singh and ors. Vs. State of Punjab

Court : Punjab and Haryana

Subject : Criminal

Reported in : 1983CriLJ178

officer thinks fit. When the Opium Act was enforced in the year 1878 expensive conveyances like truck were at all not in existence. In view … the animals and conveyances used in carrying opium shall be liable to confiscation. It is thereafter provided in Section 12 of the Act that whenever confiscation is authorised the officer ordering it may give the owner of the … Moga, by judgment dated January 29, 1980, for the commission of an offence under Section 9 of the Opium Act. Each of them was sentenced to undergo rigorous imprisonment for three years and to the payment of a

Emperor Vs. Nanoo Sheikh Ahmed

Court : Mumbai

Subject : Criminal

Reported in : (1926)28BOMLR1196

Justice Beachcroft. Now, that was not a decision under the Abkari Act, but was a decision under the Opium Act. Moreover, this important distinction is to be borne in mind, that though, under the Opium Act of 1878, … in charge of a Police-Btation for the investigation of a cognizable offence, a Police-officer Within the meaning of Section 25 of the IndianEvidence Act 2. The ease itself has a somewhat sordid, if not petty, origin. The … a person accused of any offence,5. I may also refer to Section 125, which provides:-No Magistrate or Police-officer shall be compelled to say whence he