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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 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

Phipson and Co. (P) Ltd. Madras Vs. the Government of Madras

Court : Chennai

Subject : Sales Tax

Acts : Madras General Sales-tax Act - Sections 3, 8, 20 and 21-A; Central Sales-tax Act, 1878 - Seciton 8(1), 8(2), 8(2-A), 8(4); Madras Prohibition Act, 1937; Opium Act, 1878; Sales-tax Law

Reported in : AIR1965Mad115; [1964]15STC740(Mad)

duty is levied or leviable under the Madras Prohibition Act, 1937, Madras Act X of 1937, or the Opium Act, 1878, Central act I of 1878, on the entire quantity of such goods and not merely on any ingredient … aspect of the matter, we may refer to he general charging provision in the Madras General Sales-tax Act. Section 3 imposes a liability upon every dealer to pay tax on his taxable turnover at the rate of two

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 … they pertain to opium.8. The expression 'opium' has been defined in identical terms in both the enactments, viz., Section 3 of the Opium Act and Clause (e) of Section 2 of the Dangerous Drugs Act with a slight

In Re: Ramapuram Ayyanna

Court : Andhra Pradesh

Subject : Criminal

Acts : Opium Act, 1878 - Sections 3, 4 and 9; Dangerous Drugs Act, 1930 - Sections 2; Code of Criminal Procedure (CrPC) , 1898 - Sections 424 and 439

Reported in : AIR1963AP334; 1963CriLJ249

If any, paid shall be refunded. (i) Criminal - proof - Sections 9 (a), 3 and 4 of Opium Act, 1878 and Sections 439 and 424 of Criminal Procedure Code,1898 - opium allegedly recovered from accused and accused punished … be opium at ail, and in any case, the requirements of the definition of 'opium, as contained in Section 3 of the said Act have not been shown to have been fulfilled in this case, that the substance

The State Vs. Kaptan Singh

Court : Allahabad

Subject : Criminal

Acts : Opium Act, 1878 - Sections 3 and 9; Evidence Act, 1872 - Sections 45

Reported in : AIR1952All118

till then he shall remain on bail as hitherto. Criminal - evidence - Sections 3 and 9(a) of Opium Act, 1878 - evidentiary value of Excise Inspectors' opinion without reasons - coagulated juice of opium recovered - held, opinion … that what was recovered was opium and that it was recovered from the possession of Kaptan Singh. Under Section 3, Opium Act, opium means '(i) the capsules of the poppy (Papaver Somniferuml.); (ii) the spontaneously coagulated juice of

State of Madhya Pradesh Vs. Kanhaiyalal Bhuwanilal

Court : Madhya Pradesh

Subject : Criminal

Acts : Opium Act, 1878 - Sections 3 and 9; Evidence Act, 1872 - Sections 114

Reported in : AIR1964MP11; 1964CriLJ44; 1963MPLJ830

the question we have first to refer to the definition of the term 'Opium'. Section 3 of the Opium Act, 1878, defines 'Opium' as follows:Section 3.'In this Act, unless there be something repugnant in the subject or context, --

Alaga Pillai Vs. Emperor

Court : Chennai

Subject : Land Acquisition

Reported in : 74Ind.Cas.958

tried the case, the Second Class Magistrate of Thirumangalam has 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 a Notification of

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 … sale of opium, an offence punishable with imprisonment which may extend to three years with or without fine. Section 3 of that Act defines opium. It was, therefore, imperative under the old Act to send the samples to

State of Madhya Pradesh Vs. Nanda Dhanna Teli and ors.

Court : Madhya Pradesh

Subject : Criminal

Reported in : 1964CriLJ453; 1963MPLJ835

failed to prove that the article which was thus called 'Afeem' in evidence was opium as denned Under Section 3 of the Indian Opium Act of 1878. The learned Magistrate in this connection relied upon the decision of … case three persons Nanda, Narayan and Verda were prosecuted for an offence Under Section 9 a of the Opium Act. The- learned Magistrate found that the Arti-ie called Kachhi Afeem weighing four pounds was recovered from the possession