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Feb 20 1991

Parkash Singh Vs. State

Court : Delhi

Decided on : Feb-20-1991

Subject : Criminal

Acts : Opium Act - Sections 9(1)

Reported in : 43(1991)DLT532

J.(1) By way of this Revision Petition Parkash Singh has challenged his conviction under section 9(1)(a) of the Opium Act and sentence of rigors imprisonment for three months with a fine of Rs. 500.00 or in default to … V.B. Bansal, J.(1) By way of this Revision Petition Parkash Singh has challenged his conviction under section 9(1)(a) of the Opium Act and sentence of rigors imprisonment for three months with a fine of Rs.

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Jul 15 1999

State of Orissa Vs. Hari Behera and anr.

Court : Orissa

Decided on : Jul-15-1999

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 82(1); Orissa Narcotic Drugs and Psychotropic Substances Rules, 1989 - Sections 74 and 82(2) - Rule 107(2); General Clauses Act - Sections 24; Opium Act - Sections 9 and 47; Bihar and Orissa Excise Act

Reported in : 1999(II)OLR236

Judicial Magistrate, First Class, Daspalla, where cognizance had been taken, inter alia, Under Section 9 (a) of the Opium Act. The aforesaid two cases had been initiated on the basis of Prosecution Reports (in short, the 'P.R.') submitted … rank of Sub-Inspector of Excise of the State to exercise the powers and perform the duties specified in Sections 41. 42 and 53 of the N.D.P.S. Act. In the present case, admittedly, investigation had been conducted and … 2 (a) CC Case No. 5/86 and 2 (a) CC Case No. 14/86 were pending before the Judicial Magistrate, First Class, Daspalla, where cognizance had

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Sep 24 1956

The State of Himachal Pradesh Vs. Buti Nath

Court : Himachal Pradesh

Decided on : Sep-24-1956

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 417 and 423; ;Evidence Act, 1872 - Sections 101 to 104; ;Opium Act, 1878 - Section 9

Reported in : AIR1957HP37,1957CriLJ631

Dasondhi, alias Lilu, were prosecuted by the Nahan Police of an offence under Section 8 (a) of the Opium Act. The learned Magistrate (Mr. K.B. Chandel, Additional District Magistrate) discharged Dasondhi, alias Lilu, for lack of evidence. A … discharged Dasondhi, alias Lilu, for lack of evidence. A charge-sheet under Section 9(a), Opium Act, was, however, framed against Buti Nath. By his order dated … Ramabhadran, J.C. 1. The respondent, Buti Nath, as well as one Dasondhi, alias Lilu, were … than mere constructive or legal possession and control. Possession and control required to constitute offences under the aforesaid sections must mean conscious possession and actual control, and as under those sections, mere possession of incriminating articles constitutes

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Nov 28 1957

Premchand Khetry Vs. the State

Court : Kolkata

Decided on : Nov-28-1957

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 4(1), 157, 170, 173, 190, 190(1), 207, 207A, 208, 251, 251A, 251A(1) and 252; ;Opium Act, 1878 - Sections 9, 14, 15, 20 and 20G

Reported in : AIR1958Cal213,1958CriLJ622,62CWN198

The petitioner, Premchand Khetry, is one of three persons who are on trial for certain oSences under the Opium Act and who were being tried according to the procedure laid down in Section 251A of the Cri. P. … charged under Section 120B of the Indian Penal Code, read with Sections 9(a) and 9(c) of the Opium Act. They were also charged under Section … Chaturvartti, C.J. 1. This is a Rule, calling upon the Chief Presidency Magistrate to show … 251A does not apply to the case and that the procedure laid down in Section 252 and subsequent sections of the Code ought to be followed. 2. The facts are simple. It is alleged that on receipt

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Nov 28 1957

Abdul Rehman and anr. Vs. the State

Court : Madhya Pradesh

Decided on : Nov-28-1957

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 190, 190(1), 251A, 252 and 510; Opium Act, 1878 - Sections 9, 10 and 20; Evidence Act, 1872 - Sections 114

Reported in : AIR1958MP285; 1958CriLJ1194

Emperor, 1 Cri LJ 256 (C), in which the Calcutta High Court has said that the effect of Sections 9 and 10 of the Opium Act is that'when once it is proved that the accused personhas dealt with … before the First Class Magistrate, Shajapur, who convicted all the accused under Section 9(a) and (b) of the Opium Act. On appeal by the accused, their conviction and sentences were upheld by the Additional Sessions Judge, Shajapur. Now

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Mar 23 1897

Bahabal Shah Vs. Tarak Nath Chowdhry

Court : Kolkata

Decided on : Mar-23-1897

Subject : Criminal

Reported in : (1897)ILR24Cal691

before Mr. Justice Rampini, and which has been raised before us. Mr. Justice Rampini considered that under the Opium Act (I of 1878) the police officer had no authority to make the search he did.8. That was practically … whether that argument be sound or not we must look at that section and also at some other sections of the Code. Section 165 says that 'whenever an officer in charge of a police station, or a … the poppy plants if he had been summoned or ordered under Section 91 of the Code to do so. In my mind this case hinges … found in favour of the plaintiff, and he gave the plaintiff Rs. 10 for damages; the plaintiff stated that he desired nothing in the nature

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Sep 12 2012

In the Matter Of: Ex. Sepoy (Barber) Suraj Bhan Vs. Union of India and ...

Court : Armed forces Tribunal AFT Principal Bench New Delhi

Decided on : Sep-12-2012

Subject : Family

R.I. and fine of Rs.500/- by the Court of Chief Judicial Magistrate, Sangrur under Section 9(1) of The Opium Act, 1978 and this sentence was reduced by the Sessions Judge in appeal to a period of six months. … sentenced for one years R.I. and fine of Rs.500/- by the Court of Chief Judicial Magistrate, Sangrur under Section 9(1) of The Opium Act, 1978 and this sentence was reduced by the Sessions Judge in appeal to

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Feb 06 2001

Gurbax Singh Vs. State of Haryana

Court : Supreme Court of India

Decided on : Feb-06-2001

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15, 42, 43, 50, 52, 55 and 57; Code of Criminal Procedure (CrPC) , 1973 - Sections 100 (3); Opium act - Sections 9/1/78

Reported in : AIR2001SC1002; 2001(1)ALD(Cri)444; 2001(1)ALT(Cri)288; 2001CriLJ1166; 2001(74)ECC277; JT2001(2)SC330; RLW2001(2)SC290; 2001(1)SCALE662; [2001]1SCR882; 2001(1)LC703(SC); (2001) 3 SCC 28

N.D.P.S. Act on the date of the incident as he recorded the FIR under Section 9/1/78 of the Opium Act. In our view, there is much substance in this submission. It is true that provisions of Sections 52

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Aug 08 1961

In Re: Ramapuram Ayyanna

Court : Andhra Pradesh

Decided on : Aug-08-1961

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

of the said Court.2. The petitioner herein was charged before theSecond Addl. Munsif-Magistrate, Vijayawada under Section 9(a)of the Opium Act (1 of 1878) and convicted of that chargeand sentenced to four months' simple imprisonment and (sic)fine of Rs. … The bail bonds arecancelled and the fine, 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 -

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Mar 23 1910

ishwar Chandra Singh Vs. Emperor

Court : Kolkata

Decided on : Mar-23-1910

Subject : Criminal

Reported in : (1910)ILR37Cal581

from inability to account satisfactorily for opium in absence of evidence of any sale--Opium Act (1 of 1878) Sections 9, 10. - … The petitioner in this case was charged with having sold opium in contravention of the provisions of the Opium Act, 1878, and the rules framed thereunder. This is, of course, a charge of an offence under Section 9,

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