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Shri Adil Vs. Union of India (Uoi) and ors.
Delhi
Mar-22-2004
CriminalFERA
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 3(1) and 7; Foreign Exchange Management Act, 1999 - Sections 37 and 37(3); Income Tax Act, 1961 - Sections 132 and 132(4); Customs Act - Sections 108; Code of Criminal Procedure (CrPC) , 1973 - Sections 82, 83, 84, 85 and 482; Constitution of India - Articles 22(5) and 226; Indian Penal Code (IPC) - Sections 172 and 174
2004CriLJ1986; 110(2004)DLT583; 2004(74)DRJ85
issued for his appearance and action resorted for initiating proceedings under Section 82, 83, 84 and 85 of the Criminal Procedure Code 1973, in accordance with the provisions of Section 7(i)(a) of the Act. A reference has been made to … under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure, the petitioner seeks the quashing of his detention order … 'Dexamethasone' was recovered from the baggage of the detenues. Though the statement of those witnesses were recorded under Section 108 of the Customs Act which disclosed the involvement of the detenu in smuggling activities, yet no order of
Tag this Judgment! AI Brief & AskArya Abhushan Bhandar and Another Vs. Union of India and Others
Allahabad
Mar-23-1998
Civil
Gold (Control) Act, 1968 - Sections 2, 16, 69 and 71; Code of Criminal Procedure (CrPC) , 1973 - Sections 102 and 103; Evidence Act, 1872 - Sections 24, 25 and 26; Customs Act, 1962 - Sections 108; Constitution of India - Article 20(3); Sales Tax Act; Income Tax Act
1998(3)AWC1651
P.W.D. Dak Bungalow and in this way, the provisions of Sections 102 and 103 of the Code of Criminal Procedure have been violated. It has also been argued that there were no independent witnesses associated with the search … in this way, the provisions of Sections 102 and 103 of the Code of Criminal Procedure have been violated. It has also been argued that … orders passed by respondent Nos. 1, 2 and 3 on 14th December, 1973, 19th November, 1977 and 25th January, 1980 which are Annexure-8, Annexure-9 and … the admissibility in evidence of statement made by a person to a Customs Officer on summons issued under Section 108 of Customs Act.9. It was argued by the learned counsel that Section 69 of the Act provides that
Tag this Judgment! AI Brief & AskShail Mehboob Ali Vs. the Commissioner of Police, Hyderabad and Secund ...
Andhra Pradesh
Dec-14-1989
Criminal
Societies Registration Act; Indian Penal Code (IPC), 1860 - Sections 489A, 489B, 489C and 489D; Code of Criminal Procedure (CrPC) , 1973 - Sections 106, 107, 108 and 110(1)
1992(2)ALT158; 1991CriLJ1
489B, 489C and 489D of Indian Penal Code, 1860 and Sections 106, 107, 108 and 110 (1) of Criminal Procedure Code, 1973 - name of petitioner included in rowdy sheet without complying with Police Standing Order No. 742 - … of kidnapping, abduction extortion, cheating or mischief or any offence punishable under Chapter XII of the Indian Penal Code (45 of 1860) or under Section 489A, Section 489B, Section 489C or Section 489D of that Code or
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Vijay Kumar Vs. Customs
Delhi
Mar-07-2001
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 439; Customs Act, 1962 - Sections 108 and 123(2); Evidence Act, 1872 - Sections 24
2001IIIAD(Delhi)755; 2001CriLJ2266; 90(2001)DLT522; 2001(58)DRJ164; 2003(90)ECC881; 2002(144)ELT43(Del)
be taken as an expression of opinion on the merits of the case pending before the trial Court. Criminal Procedure Code, 1973 - Section 439--Bail--Statement made under Section 108 of Customs Act is not hit by Section 24 of … ORDERR.C. Chopra, J.1. This order shall dispose of petitioner's application for bail under Section 439 of the Code of Criminal Procedure.2. The facts, relevant for disposal of this petition briefly are that on 16.12.2000 one Subhash
Tag this Judgment! AI Brief & AskLal Behari Tewari Vs. the State
Delhi
May-25-1976
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 108
12(1976)DLT302
21, 1976. The case examined the permissibility of detention without trial under Sections 108, 111 & 116 of the Criminal Procedure Code, 1973 - It was held that the magistrate could not keep a person in detention, without trial, under … petition from jail challenging the petitioner's detention under section 108 of the Code of Criminal Procedure. On the last date of hearing the petitioner was … Vyas Dev Misra, J.(1) This is a petition from jail challenging the petitioner's detention under section 108 of the Code of Criminal Procedure. On the last date of hearing the petitioner was not produced in
Tag this Judgment! AI Brief & AskGulam HussaIn Shaikh Chougule Vs. S. Reynolds, Suptd. of Customs, Marm ...
Supreme Court of India
Oct-19-2001
CriminalCustoms
Customs Act, 1962 - Sections 108, 108(3) and 135; Code of Criminal Procedure (CrPC) , 1973 - Sections 164, 164(2) and 164(4); Evidence Act - Sections 24 and 25; Code of Civil Procedure (CPC), 1908 - Sections 132; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Sea Customs Act - Sections 171-A; Constitution of India - Article 136
AIR2001SC2930; 2001(2)ALD(Cri)918; 2002(1)ALT(Cri)22; 2001CriLJ4755; 2002(79)ECC228; 2000LC497(SC); 2001(134)ELT3(SC); JT2001(9)SC89; 2001(7)SCALE409; (2002)1SCC155
etc. vs . Union of India : 1992CriLJ2781 , and held that the provisions of section 164 of the Criminal Procedure Code are not applicable to the confessional statement of the appellant recorded by the Customs Officer under section 108 … 135 of Customs Act, 1962 and Section 164 of Criminal Procedure Code, 1973 - Appellant was found present in trawler by Custom officials which clandestinely … under Section 108 of the Customs Act, had not followed the safeguards provided under Section 164 Criminal Procedure Code;2. The applicant in Criminal Revision Application No. 4, 5 and 6/2000 had been detained by the Customs Authorities
Tag this Judgment! AI Brief & AskVasantkumar Jivrambhai Majithia Vs. State of Maharashtra (at the Insta ...
Mumbai
Oct-27-2005
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 107, 108, 109, 110, 111 to 116, 116(1), 116(2), 116(3), 145, 147, 251, 252 and 478 to 482; Indian Penal Code (IPC) - Sections 323 and 504; Constitution of India - Articles 21 and 227
(2005)107BOMLR1149; 2006CriLJ1135
are commonly known and relate to Section 108 to 110 as well as Section 145 and 147 of the Criminal Procedure code to be made over to Judicial Magistrate of the First Class or Metropolitan Magistrate, as the case may … challenge in this petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the said Code') is to the show cause notice dated
Tag this Judgment! AI Brief & AskS. Bharat Kumar Vs. Chief Election Commissioner of India and ors.
Andhra Pradesh
Dec-16-1994
Criminal
Constitution of India - Articles 14, 19(1), 19(5) and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 20(1), 21, 107, 108 and 110
1995(1)ALT(Cri)230; 1995CriLJ2608
(5) and 21 of Constitution of India and Sections 20, 20 (1), 21, 107, 108 and 110 of Criminal Procedure Code, 1973 - writ challenging validity of Government Order (GO) where by certain police officers conferred with powers under … Police, were conferred with powers under Section 108 and 110 of the Code of Criminal Procedure by appointing them as first class Executive Magistrates in … certain Police Officers, namely, the Superintendents of Police and Deputy Superintendents of Police, were conferred with powers under Section 108 and 110 of the Code of Criminal Procedure by appointing them as first class Executive Magistrates in order
Tag this Judgment! AI Brief & AskShri S.B. Yadav Vs. Mohamed HussaIn Farah
Mumbai
Nov-13-1997
CriminalNarcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 21,23, 28, 29, and 50; Code of Criminal Procedure (CrPC) , 1973 - Sections 378; Customs Act, 1962 - Sections 108 and 135; Evidence Act, 1872 - Sections 3 and 45; Code of Criminal Procedure (CrPC) , 1973 - Sections 313
1998BomCR(Cri)649
Drugs and Psychotropic Substance Act, 1985, Sections 108 and 135 of Custom Act, 1962 and Section 378 of Criminal Procedure Code, 1973 - respondent accused of offence under Act of 1985 - acquittal by Trial Court - acquittal challenged … Psychotropic Substance Act, 1985, Sections 108 and 135 of Custom Act, 1962 and Section 378 of Criminal Procedure Code, 1973 - respondent accused of offence under Act of 1985 - acquittal by Trial Court - acquittal challenged
Tag this Judgment! AI Brief & Askintelligence Officer, D.R.i., Mumbai Vs. Holia Mohammed Nisar C/O Sule ...
Mumbai
Oct-24-1997
CriminalNarcotics
Code of Criminal Procedure (CrPC) , 1973 - Sections 161 and 482; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 35, 37, 42 and 67; Customs Act, 1962 - Sections 108;
1998BomCR(Cri)641
- bail - Sections 161 and 482 of Code of Criminal Procedure, 1973, Sections 35, 37, 42 and 67 of Narcotic Drugs and Psychotropic Substances … granting of bail specified in Clause (b) of sub-section (1) are in addition to the limitations placed under the Criminal Procedure Code or any other law for the time being in force for grant of bail. The section itself starts … (1) are in addition to the limitations placed under the Criminal Procedure Code or any other law for the time being in force for grant … the statement under section 67 of the N.D.P.S. Act cannot be considered on par with the statement under section 108 of the Customs Act and therefore, the order of the learned Special Judge cannot be said to be
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