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Public Prosecutor Vs. C. Paramasivam and ors.

Court : Chennai

Subject : Criminal

Acts : Evidence Act, 1872 - Sections 25; Code of Criminal Procedure (CrPC) , 1898 - Sections 162; Opium Act, 1878 - Sections 20A; Madras Opium (Amendment) Act, 1951

Reported in : AIR1953Mad917; (1953)2MLJ189

view of Madras Act 32 of 1951 which was introduced as an amendment to Section 20 of the Opium Act (Central Act 1 of 1878), a confession made to a Prohibition Officer is admissible or not."Before attempting to … was a police officer within the meaning and for the purpose of Section 162, Cr. P. C. and Section 25 of the Evid'ence Act. The sub-section of the ordinance ran as follows :"The Controller General and such Inspectors

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. -

L. Arjan Das Duggal and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Subject : Constitution

Acts : Punjab Opium (Restriction on Oral Consumption) Rules, 1957; Opium Act, 1878 - Sections 4 and 5; Constitution of India - Articles 19, 19(1), 25(2) and 47

Reported in : AIR1958P& H400

the Punjab Opium (Restriction on Oral Consumption) Rules promulgated by the Punjab Government under Section 5 of the Opium Act (Central Act I of 1878) and published in the Punjab Gazette dated 8-2-1957. Originally these rules were to … Verka (a suburb of Amritsar). They offered to pay Rs. 2,50100/- for the four Amritsar shops and Rs. 25,100/- for the Verka shop.Their offer was accepted and they were granted the necessary license for the retail vend

Kalekhan Vs. State of M.P.

Court : Madhya Pradesh

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 9, 10, 18, 25 and 35; Code of Criminal Procedure (CrPC) , 1974 - Sections 154, 313, 313(1) and 313(3); Evidence Act - Sections 8; Forward Contracts (Regulation) Act, 1952 - Sections 21 and 22, 22A, 22A(1) and 22B; ;Opium Act, 1878 - Sections 10

Reported in : 1990CriLJ1119

2309: (1973 Cri LJ 1537) had occasion to deal with the presumption arrising Under Section 10 of the Opium Act 1878, discussing the case law on the point the Supreme Court observed as follows (para 17):'In other words, when … was a registered owner of the car, but that by itself is not sufficient to sustain charge Under Section 25 of the Act. The crux of the charge lies in knowingly permitting the vehicle. Term 'Knowingly' which is

Collector of Customs, Madras Vs. Kotumal Bhirumal Pihlajani and ors.

Court : Chennai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120-B; Customs Act, 1962 - Sections 107, 108 and 135; Foreign Exchange Regulation Act - Sections 23(1)(A) and 23(B); Defence of India Rules - Rule 131-B; Evidence Act - Sections 25; Code of Criminal Procedure (CrPC) - Sections 5(2), 161 and 162; Constitution of India - Article 20(3); Sea Customs Act - Sections 171-A

Reported in : AIR1967Mad263; 1967CriLJ1007

an officers in charge of a police station for the purpose of investigation. They are:Public Prosecutor v. Paramasivam, (Opium Act); Nanoo Sheik Ahemed v. Emperor, ILR 51 Bom 78: (AIR 1927 Bom 4)(FB)(Bombay Abkari Act); Amin Shariff v. … out of an investigation under the Land Customs Act, 1924 whose terms were similar to the Sea Customs Act, 1878. There was no provision in the Sea Customs Act as well as in the Land Customs Act and … and that since the statements were of a confessional nature, they could not be admitted in evidence under Section 25 of the Indian Evidence Act. The second objection was that the investigation conduct by the Customs officer must

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 … of Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter called 'the Act'), 'police officers' within the meaning of Section 25 of the Evidence Act? If yes, is a confessional statement recorded by such officer in the course of

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 … offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956; or(d) of any offence under Section 25, Section 26, Section 27, Section 28 or Section 29 of the Arms Act, 1959; or(e) of any offence

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 accused

Raja Ram Jaiswal Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 2(8), 7, 47, 68, 69, 70, 71, 72, 73, 77, 78, 78(3), 80, 82, 95 and 96; Code of Criminal Procedure (CrPC), 1898 - Sections 156 and 162; Indian Evidence Act, 1872 - Sections 25

Reported in : AIR1964SC828; 1964CriLJ705; [1964]2SCR752

of the question at all. Apart from that the offence concerned in that case was one under the Opium Act and an Excise Officer acting under that Act was not conferred with the powers of an officer in … Excise Officer does not exercise any judicial powers just as the Customs Officer does under the Sea Customs Act, 1878. Secondly, the Customs Officer is not deemed to be an officer in charge of a police station and … charge of a police-station for the investigation of a cognizable offence, a police officer within the meaning of section 25 of the Indian Evidence Act ?' That case arose under the Bengal Excise Act and Mukerji J. who

The State Vs. Kali

Court : Himachal Pradesh

Subject : Narcotics

Acts : Code of Criminal Procedure (CrPC) , 1898 - Section 162; ;Code of Criminal Procedure (CrPC) (Amendment) Act, 1941; ;Evidence Act, 1872 - Sections 25 and 27; ;Opium Act, 1878 - Sections 9 and 10

Reported in : AIR1951HP28

is a Government appeal against the acquittal of the respondent Kali of a charge under Section 9 (c), Opium Act, by a learned Magistrate of Nahan.2. One maund and twenty-nine seers of opium was discovered from a hillock