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Jul 22 1994

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

Court : Supreme Court of India

Decided on : Jul-22-1994

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 … the law relating to sea-customs for the time being in force or under the Dangerous Drugs Act, 1930.17. Section 13 empowers the State Government to frame Rules regarding disposal of things confiscated and rewards.18. In exercise of the

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Feb 17 2010

Toddy Co-operative Society, Toddy Group of Khammam, Rep. by Its Presid ...

Court : Andhra Pradesh

Decided on : Feb-17-2010

Subject : Civil

Acts : Andhra Pradesh Excise Act, 1968 - Sections 13, 15, 28, 29, 31, 31(1), 31(2), 37, 63 and 64; ;Opium Act, 1878; ;Prevention of Corruption Act, 1947 - Sections 5(1) and 5(2); ;Prevention of Food Adulteration Act, 1954; ;Abkari Act; ;A.P. Co-operative Societies Act, 1964 - Section 35(2); ;Indian Penal Code (IPC) - Section 272; ;Constitution of India - Article 14 and 19(1); ;Andhra Pradesh Excise (Grant of Licence to sell toddy, conditions of Licence and tapping of excise trees) Rules, 2007; ;A.P. Excise (Tapping of trees and toddy slops--special conditions of licence) Rules, 1969 - Rules 4, 4(2), 11, 22, 24 and 39

Reported in : 2010(3)ALT134

may cancel any other licence granted or permit issued to such persons under this Act, or under the Opium Act, 1878.(3) x x x xSection 37 prescribes penalties for adulteration of intoxicants by the licensed vendor or manufacturer. … the right of a citizen to carry on business in intoxicants, which is considered as a pernicious trade.11. Section 13 of the Excise Act prohibits the manufacture, sale etc., of excisable articles (alcohol, liquor for human consumption or

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Jan 22 1935

Abdul Rahman and ors. Vs. Emperor

Court : Kolkata

Decided on : Jan-22-1935

Subject : Criminal

Reported in : AIR1935Cal316,165Ind.Cas.497

Section 120 B, I.P. C, read with Section 9 a, b, c, d, Opium Act (Act 1 of 1878), Section 13, 14A and 19, Dangerous Drugs Act (Act 2 of 1930) Section 19(a) and (o) of the Arms Act … of 1930 which only came into operation on 1st February 1931; (4) that under the provisions of the Opium Act, 1878 even as amended in the year 1914, the maximum sentence provided for is one year's rigorous imprisonment, and

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Jun 30 1998

B.C. Narasimha Murthy Vs. the Commissioner of Excise, Bangalore and Ot ...

Court : Karnataka

Decided on : Jun-30-1998

Subject : Excise

Acts : Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 - Rules 4 and 5; Constitution of India - Article 226; Karnataka Excise Act, 1965 - Sections 26 and 29; Dangerous Drugs Act, 1930; Medicinal and Toilet Preparations (Excise Duties) Act, 1955; Trade and Merchandise Marks Act, 1958; Indian Penal Code (IPC), 1860 - Sections 481, 482, 483, 484, 485, 486, 487. 488 and 489; Customs Act, 1962 - Sections 112 and 114; Opium Act, 1878; Bombay Cinema Rules, 1954 - Rules 6, 93, 102 and 107; Madras Cinema Regulation Rules, 1957 - Rule 13; Karnataka Cinema Rules, 1971

Reported in : ILR1998KAR2596; 1998(5)KarLJ491

aforesaid may cancel any other licence or permit granted to such person under this Act or under the Opium Act, 1878. (3)The holder shall not be entitled to any compensation for its cancellation or suspension nor to the refund … renewed or granted.5. I have considered the above submissions. The provisions for grant of licence are contained in Section 26 of the Karnataka Excise Act, 1965 which is as under:'26. Form and conditions of licence, etc.- (1)Every … That suit is still pending.2. The petitioner has submitted a representation on 13-6-1996 to respondents for not renewing the licence CL-2 for the year 1996-97,

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Mar 23 1897

Bahabal Shah Vs. Tarak Nath Chowdhry

Court : Kolkata

Decided on : Mar-23-1897

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 … aside and the decree of the Munsif restored with costs. Damages, Suit for - Opium Act (I of 1878), Section 9--Act XIII of 1857--Wrongful entrance and illegal search--Code of Criminal Procedure (Act X of 1882), Sections 155, 156 … 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

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Jun 09 2011

Binu Vs. Union of India, Represented by the Secretary, New Delhi and O ...

Court : Kerala

Decided on : Jun-09-2011

Subject : Land Acquisition

was exercised through various Central and State enactments. The principal Central enactments, namely, the Opium Act, 1857, the Opium Act, 1878 and the Dangerous Drugs Act, 1930 were enacted several years ago. These and other State enactments were found … Ernakulam were dismissed by that Court holding inter alia that the buprenorphine seized was of commercial quantity attracting Section 37 of the N.D.P.S. Act. Exts. P1 and P2 are the orders dismissing the bail applications. Subsequently the … KLT 122 (SC) and Hussain v. State of Kerala (2000) 8 SCC 139 and entry No. 239 of the Notification dated 19-10-2001 were relied on

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Feb 24 1998

State of Himachal Pradesh Vs. Soran Singh

Court : Himachal Pradesh

Decided on : Feb-24-1998

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 … 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 by Rule

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Feb 23 1956

State of Himachal Pradesh Vs. Booti Nath

Court : Himachal Pradesh

Decided on : Feb-23-1956

Subject : Criminal

Acts : Arms Act, 1878 - Section 19; ;Evidence Act, 1872 - Section 5; ;Opium Act, 1878 - Section 9

Reported in : AIR1956HP26,1956CriLJ747

first class, Nahan, in cases 26/3 and 27/3 of 1953 under Section 19(f), Arms Act, and Section 9, Opium Act, 1878, respectively. The appeals arise under the following circumstances:2. On 31-3-1953, the Ambala police, with the assistance of Nahan … along with 49 live cartidges were recovered from that house, in addition to hill opium, weighing 8 seers 13 chhataks, vide recovery memo. Ex. P. A. On the basis of these recoveries, two cases were started against

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Aug 25 1981

Manaram Vs. the State of Rajasthan

Court : Rajasthan

Decided on : Aug-25-1981

Subject : Criminal

Reported in : 1982CriLJ696

the appellant in that case that the article seized from them was not opium as defined in the Opium Act, 1878. The only evidence relied upon by the prosecution was the evidence of the Prohibition Staff and the article … his son Bagdawatram was convicted by the learned Judicial Magistrate, First Class, Phalodi on Dec. 18, 1975 Under Section 9 of the Opium Act (hereinafter referred t0 as 'the Act') and each of them was sentenced to … Jawansingh S. H. O. Lohawat raided the house of accused-appellant on July 13, 1972 at 9 a. m, in village Dhaka-ki-dhani, P.S. Lohawat. In the

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Mar 05 1976

Tirlochan Singh Vs. Chander Badan Singh and anr.

Court : Delhi

Decided on : Mar-05-1976

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 417

Reported in : ILR1976Delhi149

not rely on any plea of self defense. Reliance was placed on sections 14 and 15 of the Opium Act, 1878 and sections 165 and 103 of the Criminal Procedure Code . (old) in this connection. But this contention … Camp Police Station, Delhi by the learned Additional Sessions Judge (Shri M. K. Chawla) of offences punishable under sections 302/201 and 201/114 Indian Penal Code . The appellant's brother Inder Singh (deceased) was running his business at … 'Q.Do you agree as Grey writes in his book Greys Enotomy page 1399 in his 32nd Edition of the year 1958. 'The position of viscera

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