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Ebanezer Adebaya Alias Monday Obtor Vs. B.S. Rawat, Collector of Custo ...
Mumbai
Apr-22-1996
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 50(1), 52, 100, 100(1), 100(3), 102(3) and 165; Narcotic Drugs Psycho. Sub. Act - Sections 40, 41, 41(2), 42, 42(1) and (2), 43, 49, 50, 50(1), 51, 52 and 57
1996(4)BomCR185; 1996CriLJ3210; 1996(2)MhLj280
We answer the reference accordingly. 26. Reference answered. Criminal - search - Sections 50 and 50 (1) of Criminal Procedure Code, 1973 and Sections 50, 50 (1), 51, 52 and 57 of Narcotic Drugs Psycho. Sub. Act - appellant … the NDPS Act and the similar provisions of Section 100 of the Code of Criminal Procedure, 1973 and Sections 50(1), 52 and 102(3) of the … a similar provision in the Code of Criminal Procedure, 1898 and also in the Code of Criminal Procedure, 1973, Section 51, part three, of the Code of Criminal Procedure, provides that the officer making the arrest or, when
Tag this Judgment! AI Brief & AskState of Karnataka Vs. Adimurthy Alias B. Moorthy
Supreme Court of India
May-11-1983
CriminalElectricity
Electricity Act, 1910 - Sections 50; Indian Electricity Act, 1910 - 39; Indian Penal Code (IPC), 1860 - Sections 379; Code of Criminal Procedure (CrPC) , 1973 - Sections 16, 248(1) and 379
AIR1983SC822; 1983(31)BLJR679; 1983CriLJ1077; 1983(2)Crimes228(SC); 1983(1)SCALE627; (1983)3SCC268; [1983]3SCR249
Magistrate however acquitted the respondent of the offence with which he was charged under Section 248(1) of the CrPC, 1973 on the ground that the prosecution had failed to establish that P.W. 1 Syed Ameer had been authorized … would hardly make a difference. The phrase 'by notification in the Official Gazette' occurs in Section 6(1) of the Criminal Law Amendment Act, 1952 and it is also occurred in. Section 16 of the Criminal Law Amendment Act, … emphasis on the circular issued by the General Manager laying down the procedure to be followed in launching prosecutions of theft of electricity which was … 1910 read with Section 379 of Indian Penal Code, 1980.2. The prosecution case in brief was as … to establish that P.W. 1 Syed Ameer had been authorized to lodge a complaint. On a reading of Section 50 the Act, he held that a Junior Engineer of the Electricity Board could lodge a complaint but not
Tag this Judgment! AI Brief & AskDilip 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
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Amina 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) … Singh (1966) 6 SCC 172):'Thus, while 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 required to be followed. Section 50(4)
Tag this Judgment! AI Brief & AskState of M.P. and ors. Vs. Madhukar Rao
Supreme Court of India
Jan-09-2008
Environment
Wild Life (Protection) Act, 1972 - Sections 39, 39(1), 42, 43, 44, 49, 50, 50(1), 50(2), 50(3A), 50(4), 51, 51(4), 53 and 54; Code of Criminal Procedure (CrPC) , 1973 - Sections 360 and 451; Wild Life (Protection) (Amendment) Act, 1991; Karnataka Forest Act, 1963; Delhi Special Police Establishment Act; Probation of Offenders Act, 1958
2008(2)ALD63(SC); [2008(2)JCR86(SC)]; JT2008(1)SC364; 2008(2)KLT105(SC); 2008(1)SCALE231; 2008AIRSCW787; 2008(2)ICC175
the Section 50(1)(c) of the Act by directing the release of vehicle during pendency under Section 451 of the Criminal Procedure Code - Appellant contended that amendment to Section 50 and 39(1)(d) made interim release of vehicle impossible - Held, … to direct its release during the pendency of trial in exercise of powers under Section 451 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'). On behalf of the appellant, the State of
Tag this Judgment! AI Brief & AskSstate Vs. Mohd. Afzal and ors.
Delhi
Oct-29-2003
Criminal
Prevention of Terrorists Activities Act, 2002 - Sections 2, 3(1), 4, 6, 20 and 32 and 50; Terrorist and Disruptive Activities (Prevention) Act, 1987 - Sections 3(1), 15 and 21; Code of Criminal Procedure (CrPC) , 1973 - Sections 162, 196, 218, 366, 367 and 368; Evidence Act, 1872 - Sections 9, 24, 25, 26, 27, 30, 65B(2), 138 and 146; Explosive Substances Act, 1908 - Sections 3, 4, 5 and 7; Indian Penal Code (IPC), 1860 - Sections 120, 120B, 121, 302 and 307
2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669
POTA and TADA--Prevention of Terrorists Activities Act, 2002, Section 3(1)--Terrorist & Disruptive Activities (Prevention) Act, 1987, Section 3(1). ;Criminal Procedure Code, 1973 - Section 218--Framing of charge--Section 218 embodies the fundamental principle of criminal law that the accused person … for prosecution granted by Lt. Governor being the administrator, is a valid one--Prevention of Terrorists Activities Act, 2002, Section 50, 2(h)--Criminal Procedure Code, 1973, Section 196 ;Right of accused to be represented by counsel--Role of counsel--Every accused has … to the stage of investigation and there are no provisions in the Code of Criminal Procedure which make it mandatory for the Investigating Agency to
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 … 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 … deals with power of entry, search, seizure and arrest without warrant or authorisation by officers of certain rank. Section 50 enumerates conditions under which search of persons shall be conducted. section 52 has reference as to how the
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 … before us for making good following of his submissions.5. In the first place, he canvassed for non-compliance of Section 50 of the NDPS Act. He read before us a recent decision of the Hon'ble Supreme Court in the
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
an order from this Court, directing 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 of having committed an offence under … 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 … Doda Post. The occupants of the truck were, therefore, given notice u/S. 50 of the Act and it was checked. The truck contained 78 bags … Sec. 37 of the Act. It is application of this provision of Section 37 that 1 am concerned with, in the present case.(8). However, arguments
Tag this Judgment! AI Brief & AskDineshbhai Dhemenrai Vs. State of Gujarat
Gujarat
Jul-31-2000
CriminalNarcotics
Constitution of India - Articles 14, 19, 20(1), 20(3), 21, 21(2), 22, 22(1), 22A, 31, 32, 39A, 51-A, 71(1), 132(1), 134(1), 136(1) and 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 20, 39-A, 41, 49, 50, 54, 55, 56, 57, 75, 76, 93, 94, 97, 100(4) to (8), 151, 162, 165, 167, 173(7), 191, 207, 208, 218, 228(2), 235(2), 238, 240(2), 243, 248(2), 273, 303, 304, 304(1) and (2), 309, 313, 314, 317, 327, 340, 351, 360, 363, 374, 379, 380, 386, 400, 436, 437, 439 and 479; Indian Penal Code (IPC), 1860 - Sections 303, 304 and 395; Legal Services Authorities Act, 1987 - Sections 12; Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 20; Poor Persons Defence Act, 1930; Legal Aid and Advice Act; Evidence Act, 1872 - Sections 101-104, 121 to 131, 138, 148, 149 and 165; Probatio
(2001)1GLR603
Conviction Appeal, on hand.2. In this appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant-original-accused has assailed the legality and validity … well in the Legal Services Authorities Act, 1987, over and above the provisions made in Section 304 of the Criminal Procedure Code, 1973.41. It would be fruitful to mention the steps suggested in England to assist the unaided and unrepresented … Cr.P.C.);vi. Right to be informed of the grounds, immediately after the arrest (Article 71(1) of the Constitution and Section 50 of Cr.P.C. as also Sees. 55 and 75 of Cr.P.C.);vii. Right of the arrested person not to be
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