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Rajesh Kumar and anr. Vs. State Govt. of Nct of Delhi

Court : Supreme Court of India

Subject : Criminal

Acts : Punjab Excise Act, 1914 - Sections 61; Code of Criminal Procedure (CrPC) , 1973 - Sections 293, 293(1), 293(2) and 313

Reported in : JT2008(3)SC330; 2008(1)KLT985(SC); 2008(3)SCALE87; (2008)4SCC493; 2008(4)SCC493; (2008)2SCC(Cri)366; 2008(2)AICLR313; 2008(3)LH(SC)1930

not lead any evidence in their defence. They however, denied the accusations through statements under Section 313 of the Criminal Procedure Code, 1973 (in short the 'Cr.P.C.')5. The Metropolitan Magistrate i.e., the Trial Court by judgment and order dated 1.5.2001 … denied the accusations through statements under Section 313 of the Criminal Procedure Code, 1973 (in short the 'Cr.P.C.')5. The Metropolitan Magistrate i.e., the Trial Court … opined that the samples submitted tested positive as Whisky. The appellants were charged with having committed offence under Section 61 of the Punjab Excise Act, 1914 (in short the 'Act'). They stood trial pleading not guilty.4. The prosecution

Smt. Sabnam Vs. Nct of Delhi and ors.

Court : Delhi

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 25, 78(1), 78(2), 397, 401 and 451; Punjab Excise Act, 1914 - Sections 61

Reported in : 2002IVAD(Delhi)881; 2002CriLJ2779; 97(2002)DLT979; 2002(64)DRJ276

it deemed fit and proper so as to ensure production whenever required. Ordered accordingly. Petition stands disposed of. Criminal Procedure Code, 1973 - Sections 397/401--Revision--Offence under Section 61 of Punjab Excise Act--Petitioner is registered owner not accused, Magistrate may … S.K. Agarwal, J.1. This petition under Sections 397/401 of the Code of Criminal Procedure, 1973 is directed against order dated 28th April, 2000 passed by the Court of Metropolitan

iqbal Kaur Kwatra Vs. the Director General of Police, Rajasthan State, ...

Court : Andhra Pradesh

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 340, 406 and 498A; Code of Criminal Procedure (CrPC) , 1973 - Sections 51, 56, 57, 60, 61, 160, 161, 167 and 167(1)

Reported in : 1996(2)ALD390; 1996(1)ALD(Cri)896; 1996(2)ALT138; 1996(1)ALT(Cri)622; 1996(1)APLJ370; 1996CriLJ2600

(1964 (2) Cri LJ 307). A learned single Judge of the Manipur High Court has observed that : 'The Criminal Procedure Code does not authorise detention by the police for 24 hours after the arrest. Sections 60 and 61, Cr.P.C., … v. Ram Autar Chaudhry, : AIR1955All138 , a Division Bench of the Allahabad High Court has held that Section 61 of the Code of Criminal Procedure, 1898, equivalent to Section 57 of the Code of Criminal Procedure, 1973, … 81 of 1994 under Sections 498A and 406 of the Indian Penal Code and besides his wearings, Rs. 800/- in cash, a small telephone directory

Sunil Gogoi Vs. State of Assam

Court : Guwahati

Subject : Criminal

Acts : Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 61; Code of Criminal Procedure (CrPC) (Crpc), 1973 - Sections 451 and 457

provisions of Section 61 of the Act as well as Sections 451 and 457 of the Code of Criminal Procedure is relevant and accordingly the provisions of law laid down in those Sections are extracted hereunder, Section 61 … to the provisions of Section 61 of the Act as well as Sections 451 and 457 of the Code of Criminal Procedure is relevant and accordingly the provisions of law laid down in those Sections are extracted … Act clearly envisages that the provisions of the Code of Criminal Procedure, 1973 shall be applicable insofar as they are not inconsistent with the provision

Kurra Dasaratha Ramaiah and ors. Vs. State of Andhra Pradesh

Court : Andhra Pradesh

Subject : Criminal

Acts : Customs Act - Sections 104 and 135; Code of Criminal Procedure (CrPC) , 1973 - Sections 109, 110, 167, 167(2), 209, 309, 437, 437(2), 437(3) and 439(2); ;Code of Criminal Procedure (CrPC) , 1898 - Sections 54(1) and 55(1), 57 and 61; Indian Penal Code (IPC), 1860 - Sections 44B, 120B, 147, 148, 149 and 302; ;Constitution of India - Article 22

Reported in : 1992(1)ALT269; 1992CriLJ3485

point. For instance, in cases where a person is sought to be proceeded against under Chapter VIII of the Criminal Procedure Code, it would be open to him to represent that circumstances have materially changed and a further remand has … well to notice the relevant statutory provisions. Section 41(1) of the Cr.P.C., 1973 corresponding to the Sections 54(1) and 55(1) of the old Code 1898, … police to arrest persons belonging to the categories specified in Sections 109 and 110. Section 57 (corresponding to Section 61 of the old Code) injuncts that a person arrested without warrant shall not be detained in custody by … 120B, 44B, 147, 148, 302 read with 149 of the Indian Penal Code, seeking enlargement on bail pending enquiry and trial, has gravitated from a

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 … 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 … 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 Correctional Services Act, 1992 (West Bengal Act XXXII of 1992) whereunder the imprisonment for

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)

is as follows :'Section 51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures - The provisions of … 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 … 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 … any article or thing seized under this Act appears to be liable to confiscation under Section 60 or Section 61 or Section 62, but the person who committed the offence in connection therewith is not known or cannot

Range Forest Officer and anr. Vs. Sahebrao Sampatrao Ningot

Court : Mumbai

Subject : Criminal

Acts : Forest Act, 1927 - Sections 52, 52(1) and 61G; Code of Criminal Procedure (CrPC) , 1973

Reported in : 2003(4)MhLj71

of the record, it is apparent that the Courts below have, in fact in exercise of powers under Criminal Procedure Code, 1973 ordered the release of the bullocks and a bullock-cart which were seized by the forest officers in … record, it is apparent that the Courts below have, in fact in exercise of powers under Criminal Procedure Code, 1973 ordered the release of the bullocks and a bullock-cart which were seized by the forest officers in … of Act of Maharashtra 7 of 1985, it is apparent that Section 61-G restricts the jurisdiction of the Criminal Courts to deal with the property … which were seized by the Forest Officers in exercise of powers under Section 52 of the Indian Forest Act, 1927 (hereinafter called as 'the said

Sh. Devashis Bhattacharya Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : FERA

Acts : Foreign Exchange Act, 1973 - Sections 40, 56, 56(3), 56(4), 57, 61, 61(2) and 62(2); Foreign Exchange Management Act, 1999 - Sections 49(3) and 49(4); Indian Telegraph Act, 1885 - Sections 4, 20 and 25; Indian Penal Code (IPC), 1860 - Sections 120B, 405, 406 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 29, 200 to 204 and 482; Constitution of India - Articles14, 226 and 227

Reported in : 159(2009)DLT780

the case and the law applicable.39. The principles which govern exercise of inherent jurisdiction under Section 482 of the Criminal Procedure Code are not very different from the exercise of writ jurisdiction by the High Court under Article 226 of … the scope and ambit of an inquiry under Sections 202 of the CrPC which culminates into an order under Sections 204 of the Code. Thus … effecting statutory compliance of the mandatory provision of the proviso to sub Clause (ii) of Sub-section 2 of Section 61 of the Foreign Exchange Regulation Act, 1973. The petitioner has also assailed the order of the learned trial

Rafiq Mohd. and anr. Vs. State of Punjab

Court : Punjab and Haryana

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 17, 18, 21, 22, 23, 29, 37, 37(2), 61 and 85; General Clauses Act - Sections 10; Official Secrets Act - Sections 3; Defence and Internal Security of India Act, 1971 - Sections 37; Terrorist and Disruptive Activities Prevention Act - Sections 20(7), 20(8) and 20(9); Code of Criminal Procedure (CrPC) , 1973 - Sections 167, 167(2), 436, 437, 438, 439, 439(2) and 482; Defence and Internal Security of India Rules, 1971 - Rules 43 and 184; Indian Penal Code (IPC) - Sections 188;

Reported in : 1994CriLJ3366

obstante clause stating that notwithstanding anything contained in Code of Criminal Procedure, 1973 no person accused of an offence prescribed therein shall be released on … has not put up the challan within 90 days as required under Section 167(2) of the Code of Criminal Procedure. ' Reliance of the learned counsel is upon a decision rendered in Criminal Misc. No. 15789-M of 1993 … the police has not put up the challan within 90 days as required under Section 167(2) of the Code of Criminal Procedure. ' Reliance of the learned counsel is upon a decision rendered in Criminal Misc. No.