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Ravishankar 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 … under Section 42 is about to search any person under the provisions of Section 41, Section 42 or Section 43, he shall, if such person so requires, take such person without unnecessary delay to the nearest Gazetted Officer
Tag this Judgment! AI Brief & AskN.R. Mon Vs. Md. Nasimuddin
Supreme Court of India
May-16-2008
Narcotics
Narcotic Drugs and Psychotropic Substance Act, 1985 - Sections 8, 19, 24, 20, 21, 27A, 29, 37, 37(1), 37(3), 43, 50, 60 and 67; Code of Criminal Procedure (CrPC) , 1973 - Sections 437 and 439
AIR2008SC2576; 2008(56)BLJR2052; 2008CriLJ3491; 2008(2)KLT1022(SC); 2008(9)SCALE334; (2008)6SCC721; 2008AIRSCW4331; AIR2008SC2576; 2008(6)SCC721; (2008)3SCC(Cri)29; 2008CriLJ3491; 2008(4)LH(SC)2593
bail was filed before the leaned Special Judge, NDPS, Manipur, Imphal, under Section 437 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') and Section 37(b)(ii) of the said Act. But without taking note of Section 37 … bail it must be presumed that this is an order covered under Section 37(3) read with Section 439 CrPC. To say the least, the argument appears to be baseless. We cannot accept the contention that in a … the witnesses on 18.1.2000. The respondent was put on arrest under Section 43(a) of the Act and case was registered for offence in relation to
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 … trial, which vehicle is liable to 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 no application whatsoever in view of
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Abdul 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, … No. 2 was searched on the street. In view of search and seizure being in a 'public place' section 43 of N.D.P.S. Act, 1985 governs the case and section 42 is not at all attracted. In the alternate,
Tag this Judgment! AI Brief & AskHemant Vyankatesh Agwan Vs. State of Maharashtra
Mumbai
Dec-04-1989
Criminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 41, 42, 42(1), 43, 50, 50(1), 52, 52(A), 54, 55 and 57; Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2) and 5
1990(1)BomCR433
Act provides that notwithstanding anything contained in the Code of Criminal Procedure, 1973, (a) every offence punishable under this Act shall be cognizable; (b) no … is well settled.'We may with respect point out that the question regarding the applicability of section 537 of the Criminal Procedure Code was not raised in K.L. Subhayya's case referred to above which was decided by a Bench of two … trial. No doubt a police report which results from an investigation is provided in section 190, Criminal Procedure Code as the material on which cognizance is taken. But it cannot be maintained that a valid and legal … would, therefore, follow that the powers exercisable under sections 41, 42 and 43 onwards in Chapter V of the Narcotics Act, are to be exercised
Tag this Judgment! AI Brief & AskLaxman Bapu Sonar Vs. State of Gujarat
Gujarat
Jan-19-2004
CriminalNarcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 20, 22, 27, 35, 42, 43 and 50; Indian Penal Code (IPC) - Sections 114, 328, 379 and 394; Criminal Procedure , 1973 - Sections 219, 311, 313, 374(2), 465 and 465(2)
2004CriLJ2229; (2004)3GLR2129
394 of Indian Penal Code, 1860 and Sections 219, 311, 313, 374 (2), 465 and 465 (2) of Criminal Procedure Code, 1973 - appeal against conviction under Section 22 and Section 379 read with Section 114 - whether appeal … J.M. Panchal, J.1. Both the appeals filed under Section 374(2) of the Code of Criminal Procedure, 1973, are directed against common judgment dated March 16, … NDPS Act. Therefore, non-compliance of the provisions of Section 50 of the NDPS Act is of little consequence.16. Section 43 of the NDPS Act gives plenary powers to the Officers to seize in a public place or in
Tag this Judgment! AI Brief & AskSheikh Tausif Vs. State of Madhya Pradesh and anr.
Madhya Pradesh
Sep-20-2001
Criminal
Indian Forest Act, 1927 - Sections 2, 26, 52 and 52-C; Indian Forest Madhya Pradesh (Amended) Act, 1983; Wild Life (Protection) Act, 1972 - Sections 2, 2(36), 2(37), 9, 11, 26, 27, 29, 29(1), 35(1), 35(6), 39, 39(1), 43(3), 46(A), 51, 52, 52-A, 52-B, 52-C, 52(4) and 52(5); Code of Criminal Procedure (CrPC) , 1974 - Sections 457 and 482; Elephants' Preservation Act, 1879; Code of Criminal Procedure (CrPC) , 1973 - Sections 50(4) and 451
2002CriLJ1562; 2002(1)MPHT61; 2002(1)MPLJ263
be released by the Magistrate pending trial in accordance with Section 50(4) read with Section 451 of the Code of Criminal Procedure, 1973. It has, further been held that mere seizure of any property including vehicle on … Judicial Magistrate, Saunsar.13. Misc. Criminal Case allowed. Criminal - Seizure - Vehicle - Sections 457 and 482 of Criminal Procedure Code, 1973(Cr.P.C.), Sections 26 and 52 of Indian Forest Act and Sections 2, 9, 27, 29, 35(6), 43(3), 46(A),
Tag this Judgment! AI Brief & AskR.M. Donde, Income-tax Officer Vs. Mukundrai Kuberdas Katakia and Anot ...
Mumbai
Aug-02-1988
Direct Taxation
Income Tax Act, 1961 - Sections 18, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 43, 133, 145, 276, 276B, 283, 285 and 286; Indian Penal Code (IPC), 1860 - Sections 193 and 467; Code of Criminal Procedure (CrPC) , 1973 - Sections 276, 278(5) and 378(5)
(1988)90BOMLR502; [1989]176ITR381(Bom)
and the appeals dismissed. Income-tax Act (Act XLIII of 1961), Sections 276(b), 285, 18, 43, 145, 194A - Criminal Procedure Code, 1973 (Act II of 1974), Section 378(5)--Limitation Act (Act XXXVI of 1963), Section 12(2)--Time spent in obtaining certified … July 28, 1981. Counsel for the accused formulates this contention, vide, limitation, thus : Section 378(5) of the Code of Criminal Procedure, 1973, which governs these appeals, prescribes a period of six months for moving an application
Tag this Judgment! AI Brief & Askishwar Singh Bagga and ors. Vs. State of Rajasthan
Supreme Court of India
Nov-19-1986
Motor Vehicles
Indian Penal Code (IPC), 1860 - Sections 464; Constitution of India - Articles 19(1) and 32; Motor Vehicles Act, 1939 - Sections 68C, 129A and 133A; Code of Criminal Procedure (CrPC) , 1973 - Sections 43, 94 and 357; Road Transport Corporation Act, 1950 - Sections 3, 14, 15, 19 and 23(3)
AIR1987SC628; JT1986(1)SC892; 1986(2)SCALE881; (1987)1SCC101; [1987]1SCR300; 1987(1)LC66(SC); 1987(1)WLN20
of the Act. The impugned Notification as to fail on this account only.;(b) Motor Vehicles Act, 1939 and Criminal Procedure Code - Section 357--Compensation--Corporation is not entitled to be paid compensation under Section 357.;The Corporation is not entitled to … to him. In order to illustrate the above point reference may be made to Section 43 of the CrPC, 1973. It provides that any private person may arrest or cause to be arrested any person who in his
Tag this Judgment! AI Brief & AskNasir Ganibhai Shaikh Vs. State of Gujarat
Gujarat
Jan-29-2004
NarcoticsCriminal
Code of Criminal Procedure (CrPC) (Cr.PC), 1973 - Sections 374(2); Narcotic Drugs Psychotropic Substance Acts, 1985 - Sections 21, 29, 41, 42, 43, 52, 52A, 52(3), 54, 55 and 57
2004(97)ECC40
judgment and conviction recorded by the trial court are confirmed. Criminal - conviction - Section 374 (2) of Criminal Procedure Code, 1973 and Sections 21, 29, 41, 42, 43, 52, 52A, 52 (3), 54, 55 and 57 Narcotic Drugs … J. 1. The appellants above namaed have preferred this appeal under sub-section (2) of section 374 of the Code of Criminal Procedure, 1973 (for short, 'the Code') challenging the judgment and conviction order dated 5.10.1998 recorded by
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