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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

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Jan 17 1962

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

Court : Andhra Pradesh

Decided on : Jan-17-1962

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

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Mar 08 1899

Umesh Chunder Ghose Vs. Queen-empress

Court : Kolkata

Decided on : Mar-08-1899

Subject : NarcoticsCriminal

Reported in : (1899)ILR26Cal571

been convicted under Section 9 of the Opium Act of 1878 of having contravened the rules made under Section 5 of that Act. Section 5 declares that the Local Government, with the previous sanction of the Governor-General in … was a licensed vendor of opium, and thereby of having committed a breach of the rules under the Opium Act, and thus of having committed an offence punishable under Section 9 of the Act, and he has been

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Feb 09 1961

L. Shiv Dayal L. Mela Mal and ors. Vs. Firm Bishan Dass Shankar Dass

Court : Punjab and Haryana

Decided on : Feb-09-1961

Subject : Contract

Acts : Contract Act, 1872 - Sections 23; Opium Act, 1878 - Sections 5; Punjab Opium Orders, 1956 - Order 59(1); Partnership Act, 1932 - Sections 4

Reported in : AIR1961P& H405

23 of the Indian Contract Act and to the various Rules made by the Governor of Punjab under Section 5 of the Opium Act No. 1 of 1878. These Rules are called the Punjab Opium Orders, 1956. Particular … contravened the provisions of Section 23 of the Indian. Contract Act and the various Rules framed under the Opium Act, No, 1 of 1878. In the second place, he contended that there could not be a valid partnership

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Sep 18 1999

Arun Kambli Vs. State of Goa as Represented by Officer-in-charge

Court : Mumbai

Decided on : Sep-18-1999

Subject : CriminalNarcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 20, 27 and 54; Evidence Act, 1872 - Sections 114 and 144; Code of Criminal Procedure (CrPC) , 1973 - Sections 313, 315, 428 and 464; Opium Act, 1878 - Sections 5, 8, 9 and 10; Prevention of Corruption Act, 1988 - Sections 4(1); Arms Act, 1959 - Sections 29; Bombay Prohibition Act, 1949 - Sections 66(1); Code of Criminal Procedure (CrPC) , 1898 - Sections 342

Reported in : 2000(5)BomCR654; 2000BomCR(Cri)654; 2000(1)MhLj780

came up for construction before the Apex Court with reference to section 9(a) and section 10 of the Opium Act, 1878 in Inder Sain v. State of Punjab, : 1973CriLJ1537 . Sections 9 and 10 of the Opium Act … provide : '9. Any person who, in contravention of this Act, or of rules made and notified under section 5 or section 8, (a) possesses opium or (b| transports opium, or (c) imports or exports opium or (d)

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Jun 09 1952

The State Vs. Nilam Das and anr.

Court : Himachal Pradesh

Decided on : Jun-09-1952

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 4(1), 155(2), 190(1), 403, 403(1), 417, 439, 439(5) and 529; ;Opium Act, 1878 - Sections 9 and 14 to 21; ;Evidence Act, 1872 - Sections 57 and 81

Reported in : AIR1952HP74

setting aside their convictions dated 19-3-1951 by the learned First Class Magistrate of Jubbal under Section 9 (a), Opium Act (I [1] of 1878) for illicit possession of 9 seers and 1 chatak of crude hill opium and … the special procedure laid down under that Act should have been followed, in view of the provisions of Section 5 (2), Criminal P. C., and that as that was not done in this case the Magistrate had no

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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. … issue licenses to the Toddy Depot, Khammam and shop Nos. 2, 4, 5, 7, 9, 11 and 13, whose licenses were cancelled earlier.2. Relevant facts … of TCS, Khammam Nos. 1, 3, 6, 8, 10, 12, 14 to 20 should not be cancelled under Section 31(2) of the A.P. Excise Act, 1968 and orders of the Government dt. 9-11-2009 dismissing the revision petition

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Apr 12 1984

Padmeswar Baruah and anr. Vs. State of Assam

Court : Guwahati

Decided on : Apr-12-1984

Subject : Criminal

by the Opium Laws '(Amendment) Act 1957', a Central enactment by which some provisions, inter alia, of the Opium Act, 1878, were amended. Before proceeding further in this direction, it may be pointed out that in Prem Chand v. … aforesaid Padmeswar, Dimbeswar and Madoi, wife of Padmeswar. On conclusion of the trial. Padmeswar was found guilty under Sections 5(a) and 6 of the Assam Opium Prohibition Act, 1447, for short the (Assam) Act, Dimbeswar Under Sections

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Nov 13 1956

Jaladhar Sahu Vs. the State

Court : Orissa

Decided on : Nov-13-1956

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 162; Opium Act, 1878 - Sections 20B(5); Orissa Opium (Amendment) Act, 1939

Reported in : AIR1957Ori39; 23(1957)CLT1; 1957CriLJ384

and the petitioner Jaladhar Sahu for unauthorised possession of opium which was punishable under Section 9(a) of the Opium Act, 1878. The trying Magistrate convicted both of them and sentenced them to pay fines. On appeal the learned Sessions … Subsequently, however, a Full Bench of the Calcutta High Court, in Amin Sharif v. Emperor AIR 1934 Cal 580 (C) dissented from the Patna view and preferred to follow the Bombay view and held that an Excise

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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 … chhatak afim--aur ek thali markin safed se 8 seer afim pahari baramad hui?'. The answer was: 'Ji nahin.' 5. In view of the prosecution case that the house belonged to the respondent and his two wives. Mts.

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