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R.N. Kakkar Vs. Hanif Gafoor Naviwala and Others
Mumbai
Sep-15-1995
Criminal
Constitution of India - Article 227; Code of Criminal Procedure (CrPC) , 1973 - Sections 311, 313, 391, 400 and 482; Narcotic Drugs Psycho. Sub. Act - Sections 42
1996(3)BomCR292; 1996CriLJ356
petitioner, vehemently contended that under section 311 of the Criminal Procedure Code, 1973, the learned Special Judge had ample powers to permit the prosecution to … This petition under Article 227 of the Constitution of India read with Sections 391, 400 and 482 of the Criminal Procedure Code has been preferred by the Petitioner for quashing orders dated 1-8-1995 (Exhibit 72) and 2-8-1995 (Exhibit 73) passed … India read with Sections 391, 400 and 482 of the Criminal Procedure Code has been preferred by the Petitioner for quashing orders dated 1-8-1995 (Exhibit … in view of failure of the Officer to reduce the gist of information into writing as contemplated under Section 42 of the N.D.P.S. Act and their failure to submit the copies of the said gist of information to
Tag this Judgment! AI Brief & AskThe Food Inspector Rep. by the Public Prosecutor Vs. Mutuku Ravichandr ...
Andhra Pradesh
Feb-13-2003
CriminalFood Adulteration
Prevention of Food Adulteration Act, 1954 - Sections 10, 16, 16(1), 16(2) and 16(4); Code of Criminal Procedure (CrPC) , 1973 - Sections 42
2003(1)ALD(Cri)599; 2003(1)ALT(Cri)423; 2003CriLJ2449; 2003(1)LS401
16 (1), 16 (2) and 16 (4) of Prevention of Food Adulteration Act, 1954 and Section 42 of Criminal Procedure Code, 1973 - first respondent refused to give sample of certain food item to Food Inspector (FI) - complaint … and inspection of any place under this section, follow, as far as may be, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to the search or inspection of a place by a
Tag this Judgment! AI Brief & AskAmina Vs. Circle Inspector of Police
Kerala
Aug-24-2001
Narcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 42, 42(1), 42(2), 50 and 50(4); ;Code of Criminal Procedure (CrPC) , 1973 - Sections 51(2) and 100(3); Code of Criminal Procedure (CrPC) , 1898 - Sections 52
2001(2)ALT(Cri)546
50 (4) of Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 51 (2) and 100 (3) of Criminal Procedure Code, 1973, 1973 and Section 52 of Criminal Procedure Code, 1998 - scope and ambit of Section 50 (4) … conducting search and seizure, in addition to the safeguards provided under the Code of Criminal Procedure, the safeguards provided under the NDPS Act are also … should the search too be conducted by a female officer, who is herself competent to make search under Section 42 of the Act? If not, should the search be supervised or over seen by the authorised male officer?
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Dilip and anr. Vs. State of M.P.
Supreme Court of India
Nov-24-2006
Narcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 18, 41, 41(1), 41(2), 42, 42(1), 42(2), 50, 50(4) and 57; Code of Criminal Procedure (CrPC) , 1973 - Sections 51(2), 100, 161 and 165; Code of Criminal Procedure (CrPC) , 1898 - Sections 52
AIR2007SC369; 2007CriLJ880; RLW2007(1)SC630; 2006(12)SCALE331; (2007)1SCC450
50, 50(4) and 57of Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 51(2), 100, 161 and 165of Criminal Procedure Code (CrPC), 1973 -- Appellant was prosecuted for commission of an offence under Section 8/18 - Held, the offence committed under … a Gazetted Officer under Section 41 did not arise; (3) he has also no opportunity to comply with Section 42 of the NDPS Act. The conduct of the appellants in speedily crossing the road which aroused suspicion of
Tag this Judgment! AI Brief & AskAbdul Rehman Fakir Mohd. Durani Vs. the State of Maharashtra
Mumbai
Jan-25-2001
Criminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 21, 29, 42, 42(1 and 2), 43, 48 and 50; Indian Penal Code (IPC), 1860 - Sections 114, 120A and 397; Code of Criminal Procedure (CrPC) , 1973 - Sections 156, 157, 159 and 293; Code fo Criminal Procedure (CrPC), 1898 - Sections 510;
2001BomCR(Cri)517; (2001)2BOMLR752; 2001CriLJ4844
has not caused any prejudice to the accused and hence trial cannot be said to have been vitiated.;[B] Criminal Procedure Code, 1973 - Sections 293-294 r/w Section 36-C of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Chemical … taken precaution for search and seizure, as required under the provisions of Code of Criminal Procedure. The raiding party consisting of Police Inspector Shri Mehla, … peddlers at about 1.30 to 2.00 P.M.Prosecution claims to have complied with all the formalities as required by Section 42 of the Act and also having taken precaution for search and seizure, as required under the provisions of
Tag this Judgment! AI Brief & AskRamesh Chandra Vs. State of Rajasthan
Rajasthan
Feb-06-2001
Criminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 37, 41, 42, 43 and 50; Code of Criminal Procedure (CrPC) , 1973 - Sections 439; Constitution of India - Articles 14 and 19; Opium Act, 1857; Opium Act, 1978
2001(2)WLC408; 2001(2)WLN620
Sec, 37 puts an embargo on the right of the individual to seek bail under the provisions of the Criminal Procedure Code. However, the embargo is not total.(13). Sec. 42 empowers officials named in it to enter, search, seize and … his release from detention, under the provisions of Sec. 439 of the Code of Criminal Procedure, 1973, as he is in custody for being suspected … It will depend upon facts of each case. The prima facie existence of violation if the provisions of section 42 and 50 will have to be seen in every case before the powers of releasing on boil as
Tag this Judgment! AI Brief & AskRavishankar Bhagvatiprasad Vs. State of Gujarat
Gujarat
Oct-05-1999
CriminalNarcotics
Code of Criminal Procedure (CrPC) , 1973 - Sections 100 and 165; Narcotics Drugs and Psychotropic Substances Act - Sections 20, 41, 41(1), 41(2), 42, 42(1), 42(2), 43, 44, 50, 52, 52(3), 53, 55 and 57; Food Adulteration Act, 1954 - Sections 13(1)
(2000)1GLR137
of the accused under Section 313 of the Code of Criminal Procedure, 1973, was over. It has been asserted by the accused that the accused … Station may either secure police custody remand or send such person to judicial custody under the provisions of the Criminal Procedure Code. So far as the articles, which are produced before the Police Station Officer is concerned, they are required … into an offence or suspected offences as provided under the provisions of CrPC and when such search is completed at that stage Section 50 of … read as under:50. Conditions under which search of persons shall be conducted.(1) When any officer duly authorised under Section 42 is about to search any person under the provisions of Section 41, Section 42 or Section 43, he
Tag this Judgment! AI Brief & AskAssistant Collector of Customs Vs. Shaikh Abdul Karim
Mumbai
Feb-02-1989
Customs
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 41, 42, 43, 51, 52, 52(2), 53, 55 60, 60(3), 61, 62, 63(2) and 63(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 451, 457, 457(1) and 482
1990(47)ELT505(Bom)
Gupte further submitted that the Act provides for seizure and arrest, and to that extent the provisions of the Criminal Procedure Code will not apply at all. In this connection he relied upon sections 41, 42, 43, 51, 52, 53 … is as follows :'Section 51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures - The provisions of … be confiscated ultimately. He further submitted that Section 451 of the Cr.P. Code or for that matter Section 457 of the Cr.P. Code will have … are relevant for the present discussion. Section 41 provides for power to issue warrant and authorisation. It is section 42 which provides for power of entry, search, seizure and arrest without warrant or authorisation, and in the present
Tag this Judgment! AI Brief & AskUnion of India (Uoi) Vs. Satrohan
Supreme Court of India
Jul-14-2008
Narcotics
Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 2, 8, 15, 41, 41(1), 41(2), 41(3), 42, 42(1), 42(2), 43, 50, 57 and 67; Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001; Code of Criminal Procedure (CrPC) , 1973 - Sections 57 and 313
2008(56)BLJR2537; JT2008(8)SC148; 2008(10)SCALE138; (2008)8SCC313; 2008(2)LC936(SC); 2008(8)SCC313; 2008(5)LH(SC)3232
statement recorded there was no retraction and in fact during examination under Section 313 of the Code of Criminal Procedure, 1973 (in short the `Code') while answering question No. 4 it was stated that there was no confession. … no retraction and in fact during examination under Section 313 of the Code of Criminal Procedure, 1973 (in short the `Code') while answering question No. … of argument that there is any incorrect reference, the acts are covered under Section 41 and not under Section 42.5. Learned Counsel for the respondent on the other hand submitted that the confessional statement could not have been
Tag this Judgment! AI Brief & AskState of Punjab Vs. Balbir Singh
Supreme Court of India
Mar-01-1994
PropertyNarcotics
Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 41 to 60, 70 to 81, 93 to 105 and 165; Narcotic Drugs and Psychotropic Substance Act, 1985 - Sections 41, 41(2) and 42; Constitution of India - Article 22(1); Suppression of Immoral Traffic Act - Sections 15; Mysore Excise Act - Sections 54; Foreign Exchange Regulation Act - Sections 37
AIR1994SC1872; 1995(1)BLJR6; 1994CriLJ3702; 1994(1)Crimes753(SC); 1994(70)ELT481(SC); JT1994(2)SC108; 1994(I)OLR(SC)327; 1994(1)SCALE793; (1994)3SCC299; [1994]2SCR208
reads as under : 51. Provisions of the Code of Criminal Procedure 1973 to apply to warrants, arrests, searches and seizures- The provisions of the … must apply the law which has been laid down with regard to searches made under the provisions of the Criminal Procedure Code.While concluding on the legal effect with regard to an irregular search under Section 165 of the Code, … arrest, search and seizure are substantially in accordance with the provisions of Code of Criminal Procedure, such arrest, search and seizure cannot be declared as … substance in respect of which an offence punishable under Chapter IV has been committed, is kept or concealed. Section 42 empowers certain officers to enter, search, seize and arrest without warrant or authorisation. Such officer should be superior
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