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Naib Singh S/O Makhan Singh Vs. State of Punjab and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 24, 25, 53, 53-A(1), 53-A(2), 55, 58, 60, 146 and 302; Prisoners Act, 1900 - Sections 32; Code of Criminal Procedure (CrPC) , 1973 - Sections 368(2), 383, 384, 386, 402, 402(1), 418, 418(2), 419, 428 and 433; Andaman and Nicobar Manual, 1908 - Sections 1(2), 1(3), 17, 24, 25 and 146; Indian Penal Code (Amendment) Act, 1955 - Sections 53A

Reported in : AIR1983SC855; 1983CriLJ1345; 1983(1)SCALE425; (1983)2SCC454; [1983]2SCR770

canvas his submission he elaborately dealt with and took us through the various provisions of the Penal Code, Criminal Procedure Code and the Prisoners Act. On giving our careful and anxious consideration to the matter we have come to … Indian Penal Code. Prior to its amendment by Section 117 of the CrPC (Amendment) Act (26 of 1955) that section prescribed the punishment of 'Transportation' … entitled to the benefit of a set-off under Section 428 Cr. P.C. 1973 as interpreted by this Court in Kartar Singh's : 1982CriLJ1772 case), the … illegal and he is entitled to be released forthwith.4. Counsel for the petitioner elaborated the petitioner's case thus Section 53 I.P.C. prescribes five or six distinct categories of punishment to which offenders are liable under the Indian Penal

Ritesh SinhA. Vs. the State of Uttar Pradesh and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC), 1973 - Sections 482, 53, 156(3); Constitution Of India - Article 20(3); Indian Evidence Act - Section 73

from the Honourable the Chief Justice of India. [RANJANA PRAKASH DESAI; AFTAB ALAM, JJ.] Code of Criminal Procedure (CrPC), 1973 - Sections 482, 53, 156(3); Constitution Of India - Article 20(3); Indian Evidence Act - Section 73 -- … bending and stretching of the principles of interpretation. Secondly, if the legislature even while making amendments in the Criminal Procedure Code, aimed at strengthening the investigation, as late as in 2005, is oblivious to something as obvious as this

State of Kerala Vs. Intelligence Officer, Directorate of Revenue Intel ...

Court : Karnataka

Subject : CriminalNarcotics

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 154, 161(3), 173(2), 200 and 210; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 22, 51, 52, 52A, 53 and 53A

Reported in : 2003CriLJ3210; 2003(4)KarLJ117

respondent in co-operation with the CBCID, Kerala can invoke the provision of Sub-section (8) of Section 173 of the Criminal Procedure Code, 1973, and with the permission of the Court, a further investigation could be continued and further reports could … the provision of Sub-section (8) of Section 173 of the Criminal Procedure Code, 1973, and with the permission of the Court, a further investigation could … the parties several important relevant legal questions arise for consideration in determination of this case.9. The provisions of Section 53 of the Narcotic Drugs and Psychotropic Substances Act gives concurrent jurisdiction to several named authorities to conduct investigation

Md. Munna Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Constitution of India - Article 32; Indian Penal Code (IPC) - Sections 17, 34, 53, 53A, 55, 57, 60 and 302; West Bengal Jail Code - Rule 751 and 751C; West Bengal Correctional Services Act, 1992 - Sections 61; Code of Criminal Procedure (CrPC) (Amendment) Act, 1955 - Sections 53; Code of Criminal Procedure (CrPC) , 1898 - Sections 383 and 386; Code of Criminal Procedure (CrPC) , 1973 - Sections 401, 418, 418(1) and 418(2); Prisoners' Act, 1900 - Sections 32 and 32(1); Prison' Rules

Reported in : AIR2005SC3440; 2005CriLJ4124; 123(2003)DLT388(SC); 2005(85)DRJ257; (2006)1GLR114; 2005(3)JKJ35[SC]; JT2005(8)SC348; 2005(4)KLT256(SC); (2005)7SCC417

also raised another contention that imprisonment for life has not been made legally executable in jail either under the Criminal Procedure Code 1898 or 1973 or any other law and the officer in charge of jail can be the person … one form of punishment distinct from the punishment of rigorous or simple imprisonment shown in clause (4) of Section 53 of the Code of Criminal Procedure. According to the petitioner, the Executive authorities have converted it into 'rigorous … liable to be released under rule 751(c) of the West Bengal Jail Code. He relies on the Explanation to Section 61 of the West Bengal

Assistant Collector of Customs Vs. Shaikh Abdul Karim

Court : Mumbai

Subject : Customs

Acts : 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

Reported in : 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 … police station.'Even though the officer who has seized this vehicle is not a police officer, by virtue of section 53 he becomes one, and he has the necessary powers of an officer-in-charge of a police station. Mr. Gupte

Chandrakant Pinayamal Motwani Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Liquefied Petroleum Gas Regulation of Supply and Distribution Order, 1988 - Orders 4, 6(3), 7 and 7(2); Essential Commodities Act, 1955 - Sections 3, 7, 7(1), 7(3), 10A, 11 and 36; Probation of Offenders Act, 1958 - Sections 4(1), 4(3), 4(4) and 4(5); ;Code of Criminal Procedure (CrPC) , 1973 - Sections 100, 102, 102(1), 102(2), 360 and 361; ;Old Code - Sections 550; Defence of India Rules, 1939; ;Mysore Excise Act, 1966 - Sections 53 and 54; Essential Supplies (Temporary Powers) Act, 1946

Reported in : 2000CriLJ1935

Act is normally vested with the powers to investigate an offence under the Code of Criminal Procedure. ;[B] Criminal Procedure Code, 1973 - Section 102 - Seizure of property - Powers of Police Officer - Any Police Officer can … liquified petroleum gas in cylinders....(2) The provisions of Section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure … wholly misplaced. The Supreme Court in that case was dealing with the provisions of Mysore Excise Act, 1966, Section 53 of the said Act provides for issue of warrant by the Magistrate for the purpose of search as

State of M.P. and ors. Vs. Madhukar Rao

Court : Supreme Court of India

Subject : Environment

Acts : 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

Reported in : 2008(2)ALD63(SC); [2008(2)JCR86(SC)]; JT2008(1)SC364; 2008(2)KLT105(SC); 2008(1)SCALE231; 2008AIRSCW787; 2008(2)ICC175

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 … 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, … Section 50. She also referred to Section 51 laying down the penalties for offences committed under the Act, Section 53 dealing with the punishment for wrongful seizure and Section 54 dealing with the power to compound offences. Learned

R.N. Kaker Vs. Shabir FidahuseIn and Another

Court : Mumbai

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 9, 14, 21, 41, 42, 42(2), 43, 44, 52, 53, 67 and 173; Evidence Act - Sections 25; Code of Criminal Procedure (CrPC) , 1973 - Sections 102(3), 161, 162, 173, 190 and 202; Bihar and Orissa Excise Act, 1915 - Sections 156; Sea Customs Act, 1878 - Sections 170; Central Excises Act, 1944; Railway Property (Unlawful Possession) Act, 1966 - Sections 8(1); Customs Act - Sections 108

Reported in : 1989(1)BomCR503; 1990CriLJ144

us the necessary guidelines, as indicated above. Essentially, the officer is not a police officer as understood under the Criminal Procedure Code. He is an officer on whom the powers of an officer-in-charge of a police station, for a limited … Section 25 of the Evidence Act or under Section 162 of the Code of Criminal Procedure ?2. The facts leading to the present petition, are … Act and also under S. 162 of the Code of Criminal Prucedure. 1973. It is against this order. the present petition has been filed.4. Mr. … the officer-in-charge of the nearest police station, or (b) the officer empowered under S. 53 of the Act. Section 53 is material and it is as follows :'53(1) The Central Government, after consultation with the State Government may,

Jitendrabhai Chunibhai Patel Vs. State of Gujarat

Court : Gujarat

Subject : Civil

Acts : Constitution of India - Article 226; Gujarat Agricultural Produce Markets Act, 1963 - Sections 4, 4(1), 5, 6(1), 6(5), 7, 9(1), 11, 52, 53, 53(2), 54, 54(2) and 55; Gujarat Co-operative Societies Act, 1961 - Sections 17; Gujarat Panchayats Act, 1993 - Sections 263; Maharashtra Agricultural Produce Markets Act - Sections 44; Punjab Gram Panchayat Act, 1952; Code of Criminal Procedure (CrPC) , 1973 - Sections 307; Bombay General Clauses Act, 1904 - Sections 21; Special Court (Trial of Offences elating to Transactions in Securities) Act, 1992

Reported in : (2004)3GLR560

Act, 1993, Section 44 of Maharashtra Agricultural Produce Markets Act, Punjab Gram Panchayat Act, 1952, Section 307 of Criminal Procedure Code, 1973, Section 21 of Bombay General Clauses Act, 1904 and Special Court (Trial of Offences relating to Transactions … 2001 SC 3774 wherein similar contention was raised. Section 307 of the Code of Criminal Procedure confers powers on a Magistrate to grant pardon. The … The provisions of Section 52 of the Act only confer power to denotify or divide a market area. Section 53 provides for the effects of denotification or exclusion of a market area and Section 54 confers power on

H.M. Prakash @ Dali Vs. the State of Karnataka

Court : Karnataka

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 53 and 54; Constitution of India - Articles 20(3), 21 and 23; Code of Civil Procedure (CPC) - Order 26, Rule 10A

Reported in : ILR2004KAR2637

petition is liable to be dismissed as the same is devoid of merits.The petition is dismissed accordingly. (A) CRIMINAL PROCEDURE CODE, 1973 (CENTRAL ACT NO. 2/1974) - SECTIONS 53 & 54 - Medical Investigation Under - Power of a … said application is allowed by the Court below Under Section 53 of Code of Criminal Procedure (hereinafter referred to as 'Code' for short). The said … accused caused pregnancy of the complainant or not. The said application is allowed by the Court below Under Section 53 of Code of Criminal Procedure (hereinafter referred to as 'Code' for short). The said order is assailed in