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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 … 12 deal with export by land while Rules 13, 14 and 15 deal with export by air. Rule 17 in Part-V deals with Transshipment. (This Rule incidentally makes it clear that Transshipment contemplated by the Rules is

Indian Bank Vs. Ernakulam District H.G.M.T. Co-op. Society Ltd.

Court : Kerala

Subject : Banking

Acts : Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 2, 3, 17, 18, 19, 31, 31(1), 31(2), 71 and 90; Kerala Co-operative Societies Act, 1969 - Sections 69 and 100; Opium Act, 1878 - Sections 11; Representation of the People Act, 1951 - Sections 81, 82, 86(1), and 117; Bengal Tenancy Act, 1885 - Sections 114(1) and 114(3); Code of Civil Procedure (CPC) - Order 7, Rule 10; Kerala Education Rules - Rule 62; Kerala Service Rules - Rule 60; Kerala Co-operative Societies Rules; Constitution of India - Articles 14, 226 and 227

Reported in : AIR2006Ker154; III(2007)BC7; [2006]131CompCas232(Ker); 2006(1)KLT479

State of Madhya Pradesh v. Azad Bharat Finance Co. and Anr. : 1967CriLJ285 interpreting Section 11 of the Opium Act, 1878 (as applicable to M.P.), Supreme Court referred to Tirath Singh's case (supra) and stated as follows:According to Mr. … decide the dispute between the petitioner on the one hand and respondents 1 and 2 on the other. Section 17 of the Act mandates that on and from the appointed day Tribunal alone will have the jurisdiction, powers

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 … as the Chemical Examiner, Government Opium and Alkaloid Works, Neemuch or as the case may be, Gazipur. Rule 17 occurring in Chapter-Ill of the Rules deals with procedure for sending opium delivered by a cultivator and suspected

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

Indian Evidence Act, 1872; (iii) Section 139 of the Negotiable Instruments Act, 1881; (iv) Section 9 of the Opium Act, 1878; (v) Section 9B of the Explosives Act 1884; (vi) Section 7 of the Prevention of Food Adulteration Act, … the complaint filed by the authorised officer under Section 5(5) of the 2002 Act or applications made under Section 17(4) or 18(10) of the 2002 Act. This is a wholesome provision, not only protecting the interest of the

The State Vs. Judhabir Chetri

Court : Guwahati

Subject : ConstitutionNarcotics

Acts : Constitution of India - Article 227; General Clauses Act, 1897 - Sections 3(31) and 6; Assam Opium Prohibition Act, 1947 - Sections 16 and 17(3); Code of Criminal Procedure (CrPC) , 1898 - Sections 39(1)

not been empowered to try cases under the Opium Act 1 of 1878 as required by Section 3 of the Act. We are referred to … JJ. apparently took the view that 'a notification empowering all second class Magistrates to try offences under the Opium Act was ultra vires the powers given by the Act, as its effect is to enlarge the definition of … in this case was initiated in August 1948 a long time before the Constitution came into force. Under Section 17 (3), A. P. O. Act the appellate order was to be final. Before the Constitution came into force,

State of Mysore Vs. Kashambi and anr.

Court : Karnataka

Subject : Criminal

Reported in : 1963CriLJ226

expression 'Magistrate' found in Section 3 of the Opium Act (1 of 1878), which says that 'Magistrate' ' means in the present context 'a Presidency … the Notification empowering all Magistrates of the First Class in the State of Assam to exercise power under Section 17 of the Assam Opium Prohibition Act of 1947 is a valid Notification. The learned Judges differed from the … Court in Mahomad Kasim v. Emperor, AIR 1915 Mad .1159 wherein the scope of Section 3 of the Opium Act came up for consideration. For interpreting the scope of Section 3 of the Opium Act, the learned Judges

K.N. Vijayan Vs. the State

Court : Kerala

Subject : Criminal

Reported in : 1953CriLJ1613

v. Emperor AIR 1915 Mad 1159 (M), where the words 'specially empowered' occurring in Section 3 of the Opium Act, 1878, came up for consideration. In that case the Court held that where a notification empowered all Second Class … robbed him.10. Except for what is contained in Ex. D the confessional statement, the appellant made before P.W. 17, the Second Class Magistrate of Mattanchery, there is no direct evidence regarding the appellant's complicity in the commission

Shrish Agrawal Vs. State of M.P. and anr.

Court : Madhya Pradesh

Subject : Excise

Acts : Madhya Pradesh Excise Act, 1915 - Sections 47A, 47A(2), 47B, 47B(3), 47C, 47C(2) and 47D; Madhya Pradesh Excise (Amendment) Act, 2000; Constitution of India - Articles 14 and 19(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 386, 399, 401 and 401(1)

Reported in : 2003(2)MPHT97; 2003(2)MPLJ189

Bharat Finance Company, AIR 1967 SC 276. In that case it was found that Section 11(d) of the Opium Act, 1878 as applicable to Madhya Bharat provided that 'the property detailed herein-below shall be confiscated'. Interpreting these words the … the tools, boats, vehicles, etc. used in committing such offences. The intendment of the Legislature in enacting Act 17 of 1976 was, therefore, to provide for two separate proceedings before two independent forums in the Act, one

AmIn Shariff Vs. Emperor

Court : Kolkata

Subject : Criminal

Reported in : AIR1934Cal580,150Ind.Cas.561

would say that an officer investigating an offence under the Excise Act., 5 of 1909 or under the Opium Act, 1878 is a police officer within the meaning of Section 25, Evidence Act. - … of forming the Decennial Settlement of the land revenue for the Provinces of Bengal, Bihar and Orissa in 1790, the land-holders and farmers of land were, in conformity with former usage, bound to maintain the public peace

Ravinder Kumar Vs Nct of Delhi (State)

Court : Delhi

Subject : Narcotic Drugs Nand Psychotropic Substances

Acts : Narcotic Drugs Nand Psychotropic Substances Act, 1985 , sections, 18, 2(xv), 2(xvi)(c)

1. In that case, the Supreme Court examined the definition of opium contained in Section 3 of the Opium Act, 1878. The definition was as under:-"3. Interpretation-clause. In this Act, unless there be something repugnant in the subject or … in the Official Gazette."12. Section 15 provides for the punishment for contravention in relation to poppy straw. Sections 17 and 18 prescribe the punishment for contravention in relation to "prepared opium", "opium poppy" and "opium" respectively. Section