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SabuddIn Sheikh Mansur Vs. J.S. Thakar and anr.

Court : Gujarat

Subject : Criminal

Acts : Bombay General Clauses Act, 1904 - Sections 6, 7, 15, 16, 17, 17(1), 18 and 20; Bombay Police Act, 1951 - Sections 55, 56 and 57; Indian Penal Code (IPC) - Sections 39, 39(1); Opium Act, 1878 - Sections 3; Code of Criminal Procedure (CrPC) , 1973 - Sections 39 and 245; Assam Opium Prohibition Act - Sections 16; Land Acquisition Act - Sections 3; Code of Civil Procedure (CPC), 1908; Suppression of Immoral Traffic in Women and Girls Act, 1956 - Sections 2; Bombay Prevention of Gambling Act - Sections 6(1)

Reported in : AIR1969Guj1; 1969CriLJ50; (1968)GLR142

'specially empowered'. This distinction was clearly pointed out in AIR 1915 Mad 1159, where Section 3 of the Opium Act, 1878, had to be interpreted,'However, so far as Savlaram's case, 49 Bom LR 798 = (AIR 1948 Bom 156) … the First Class Magistrate. In that case, the learned Chiei Justice was concerned with a notification Issued under Section 16 of the Assam Opium Prohibition Act, which required special conferment of power under that section. The officer on

Mithukhan Vs. State of Rajasthan

Court : Rajasthan

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 52, 97 and 99; ;Code of Criminal Procedure (CrPC) , 1898 - Sections 165 and 165(1); Opium Act, 1878 - Sections 14, 15 and 16

Reported in : AIR1969Raj121; 1969CriLJ515

court.3. In this court learned counsel for the petitioner has urged that according to Section 16 of the Opium Act, 1878 (hereinafter called the Act), all searches under Section 14 or 15 are to be made in accordance with

Babu Ram Vs. State

Court : Rajasthan

Subject : CriminalNarcotics

Reported in : RLW2010(1)Raj169

of substance opium then the Act applicable immediate preceding was Opium Act. Section 14 and 15 of the Opium Act, 1878 provide for such powers of search seizure etc. According to Section 14 of Opium Act any officer of … for seizure in open place or in transit to the officers of the said department. Per provisions of Section 16, all searches are to be made in accordance with provisions of Code of Criminal Procedure. Thus, even prior

Laxminarayan Khemchand Vs. State Through Police

Court : Madhya Pradesh

Subject : Criminal

Acts : Constitution of India - Articles 245, 246, 254 and 254(2); Opium Act, 1878 - Sections 16; Madhya Bharat Opium (Amendment) Act, 1955; Code of Criminal Procedure (CrPC) , 1898 - Sections 191, 251A, 252 and 495

Reported in : AIR1961MP13; 1961CriLJ92; 1962MPLJ246

ORDERH.R. Krishnan, J.1. The applicant in revision has been convicted under Section 9(a) of the Indian Opium Act, as amended by the Madhya Bharat Act 15 of 1955 and sentenced to suffer rigorous imprisonment for a

Raghunandhan Reddy Vs. State of Hyderabad Through Secy. of Government, ...

Court : Andhra Pradesh

Subject : ContractLimitation

Acts : Indian Contract Act, 1872 - Sections 3, 4, 5 and 7; Hyderabad Abkari Act, 1316F - Sections 2, 3(1), 41 and 41(2)

Reported in : AIR1963AP110

F., and Section 5 of the Hyderabad intoxicating Drugs Act, 1333 F. and Section 5 of the Indian Opium Act, 1878. Clause (1) prescribes the conditions to be satisfied before a person is permitted to bid at the auction … the parties. He also refers to the other clauses of the proclamation of sales viz., Clauses 15 and 16, where under the person whose third bid has been accepted has to forthwith deposit the earnest money within

The Alembic Distributing Agency Vs. the State of Andhra Pradesh

Court : Andhra Pradesh

Subject : Sales Tax

Reported in : [1961]12STC15(AP)

is or may be levied under the Madras Abkari Act, 1886, the Madras Prohibition Act, 1937, or the Opium Act, 1878, and to the sale or purchase of goods to which the Andhra General Purchase Tax Act, 1956, applies. … paid on the goods.7. We will now turn to the relevant provisions of the Madras Prohibition Act, 1937. Section 16, omitting the portions not relevant for the present enquiry, reads:The State Government may, by notification and subject to

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

Subject : Right to Information

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 passage of time and … this Court reported as Tofan Singh v. State of Tamil Nadu (2013) 16 SCC31 The facts in that 1 appeal have been set out in … on three grounds, as follows: “24.1. The conviction is based solely on the purported confessional statement recorded under Section 67 of the NDPS Act which has no evidentiary value inasmuch as: (a) The statement was given to

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 … Madhya Pradesh Poppy Husks Rules. He declined to grant any such permit without payment of duty.4. On April 16, 1974, the appellant approached the Madhya Pradesh High Court for issuance of a writ of mandamus and other

The State Of Himachal Pradesh Vs. Nirmal Kaur @ Nimmo

Court : Supreme Court of India

Subject : Narcotics

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 passage of time and … or without neutral materials of any of the above forms of opium; 16 but does not include any preparations containing not more than 0.2 percent … contents of ‘poppy husk’. After completion of the investigation, the respondent was charged with the offence punishable under Section 15(c) of the 1985 Act for possessing commercial quantity of ‘poppy straw’. The respondent pleaded not guilty and

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 … case may be, Ghazipur; (d) 'Chief Controller Factories' means the Chief Controller of Government Opium and Alkaloid Factories. 16. Chapter III of the Rules comprising Sections 5 to 30, which is relevant, bears the heading 'Opium poppy