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Abdul Rashid Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8; Bihar and Orrisa Excise Act, 1915 - Sections 78; Evidence Act, 1872 - Sections 25

Reported in : AIR2001SC2422; 2001(2)ALD(Cri)164; 2001(1)ALT(Cri)373; 2001(49)BLJR2368; 2001CriLJ3290; JT2001(3)SC183; RLW2001(2)SC350; 2001(3)SCALE546; (2001)9SCC578

Excise Act, the conclusion is irresistible that the said officer is a Police Officer for the purpose of Section 25 of the Evidence Act, and therefore, a confessional statement of an accused made to such Excise Officer would … him to the Superintendent of Excise under the provisions of Bihar and Orissa Excise Act as well as the co-accused statement stating therein that he … alleged confessional statement made by him to the Superintendent of Excise under the provisions of Bihar and Orissa Excise Act as well as the co-accused statement stating therein that he was merely a carrier and the offending article

Dr. Sharda Prasad Sinha Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) - Sections 482

Reported in : AIR1977SC1754; 1977CriLJ1146; (1977)1SCC505; [1977]2SCR357

committed offences under Section 54(1)(a) and Section 57(c) of the Bihar and Orissa Excise Act 1915. The allegations on the basis of which the complaint … 1976 charging him with having committed offences under Section 54(1)(a) and Section 57(c) of the Bihar and Orissa Excise Act 1915. The allegations on the basis of which the complaint was filed are material and we may set … to Bankipore Club in form 2. The validity period of licence is from 1-4-75 to 31-3-1976 and under Section 25(2), conducting of Cabaret dances without obtaining the prior permission from any proper authority is illegal. Dr. Sharda Prasad

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

Act. Such questions have been decided mainly in relation to Bihar and Orissa Excise Act or Sea Customs Act or in relation to Central Excises … the provisions of the NDPS Act. Such questions have been decided mainly in relation to Bihar and Orissa Excise Act or Sea Customs Act or in relation to Central Excises and Salt Act. Mr. Desai, therefore, rightly started … Drugs and Psychotropic Substances Act, 1985 ?(b) Whether the statements made before them are inadmssible in evidence under Section 25 of the Evidence Act or under Section 162 of the Code of Criminal Procedure ?2. The facts leading … (a) 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

Raja Ram Jaiswal Vs. State of Bihar

Court : Supreme Court of India

Subject : Criminal

Acts : Bihar and Orissa Excise Act, 1915 - Sections 2(8), 7, 47, 68, 69, 70, 71, 72, 73, 77, 78, 78(3), 80, 82, 95 and 96; Code of Criminal Procedure (CrPC), 1898 - Sections 156 and 162; Indian Evidence Act, 1872 - Sections 25

Reported in : AIR1964SC828; 1964CriLJ705; [1964]2SCR752

charge of a police-station for the investigation of a cognizable offence, a police officer within the meaning of section 25 of the Indian Evidence Act ?' That case arose under the Bengal Excise Act and Mukerji J. who … in the present appeal. For, under s. 78(3) of the Bihar and Orissa Excise Act, 1915 (2 of 1915) an Excise Officer empowered under s. … the judgment of the Patna High Court affirming the conviction of the appellant under s. 47(a) of the Excise Act and the sentences of rigorous imprisonment for one year and of fine amounting to Rs. 2,000 awarded by … sub-s. (2) of s. 161 Cr.P.C., and by the Customs Officer under s. 171-A of the Sea Customs Act. Section 162 of the Code does not confer any power on a police officer. It only provides that any

State of Orissa and Others Vs. NaraIn Prasad and Others, Etc. Etc.

Court : Supreme Court of India

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 13, 22, 27, 28, 89 and 90; Constitution of India - Articles 21, 47 and 226; Central Provinces and Berar Sales of Motor Spirit and Lubricants Taxation Act, 1938; Andhra Pradesh Excise Act, 1968 - Sections 17 and 23; Madhya Pradesh Act - Sections 25 and 62(1)

Reported in : 1996VIIAD(SC)65; AIR1997SC1493; 85(1998)CLT625(SC); JT1996(8)SC50; 1996(6)SCALE460; (1996)5SCC740; [1996]Supp5SCR465

Orissa.3. The grant of excise licences in the State of Orissa is governed by the Bihar and Orissa Excise Act, 1915 (the Act) and the rules made thereunder. Section 22 provides for grant of exclusive privilege of sale … no power to amend the Rules so as to include the aforesaid clause in the conditions of licence. Section 25 of the Madhya Pradesh Act provided for the levy of duty on any of the events specified therein, … J.1. Leave granted.2. Having voluntarily entered into contracts with the Government of Orissa, undertaking to lift a particular quantity of liquor every month and also

N.K. Doongaji and Co. Vs. the State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Subject : Excise

Acts : Madhya Pradesh Excise Act, 1915 - Sections 8 to 17, 18, 25, 27 and 28; Madhya Pradesh Excise (Amendment and Validation) Act, 1964; Constitution of India - Articles 19(1), 19(6), 47 and 265

Reported in : AIR1975MP1; 1974MPLJ699

Section now applies to 'any liquor intoxicating drug.' Chapter V of the Act deals with duties and fees. Section 25 in this Chapter authorises the Slate Government to levy an excise duty or a countervailing duty on all … J. and I will not repeat the same. I will straightway come to the relevant provisions of the Excise Act. Section 2 of the Act contains certain definitions. 'Intoxicant' is defined by Section 2 (11-A) to mean any liquor … considered by their Lordships in Shri Jagannath Ramanuj Das v. State of Orissa, AIR 1954 SC 400. The following observations made by their Lordships in

Balukishan A. Devidaval Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Reported in : 1975CriLJ1891

Macleod, O J. and Crump, J, held in the case of a prosecution under the Bombay Salt and Excise Act, an Excise Officer was not a police officer within the meaning of Section 25 of the Indian Evidence … J. dissenting) that Inspector and Sub-Inspector of Excise under the Bihar and Orissa Excise Act, 1915 were 'police officers.'(3) Soni Vallabhadas Liladhar v. Asst. Collector … in charge of a police station for the investigation of a cognizable offence conferred upon him by that Act. Section 25 of the Indian Evidence Act embodies an important rule, which is to be given effect to as a

Rajeshwar S/O Hiraman Mohurle (In Jail) Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Maharashtra Village Police Act, 1967 - Sections 2, 5, 6, 9, 13 to 15, 19, 21, 21(1), 21(2), 36A(1) and 53; ; Evidence Act, 1872 - Sections 24, 25 and 26; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 53; Central Excise and Salt Act, 1944; Bihar and Orissa Excise Act, 1915 - Sections 77(2) and 78(3); Sea Customs Act, 1878 - Sections 167(81) and 171A; Police Act, 1861; Central Excise Act - Sections 21; Bihar and Orissa Excise Act, 1955 - Sections 77 and 78(3); Indian Penal Code (IPC) - Sections 302; Code of Criminal Procedure (CrPC) - Sections 4(2), 156, 162, 164, 173, 190 and 202; Code of Criminal Procedure (CrPC) , 1898 - Sections 5(2) and 156; Constitution of India - Article 141

Reported in : 2009CriLJ3816; 2009(4)MhLj483:2009(5)AIRKarR407

21 is in terms different from Section 78(3) of the Bihar and Orissa Excise Act, 1915 which came to be considered in Raja Ram Jaiswal's … (1) of Section 21. Section 21 is in terms different from Section 78(3) of the Bihar and Orissa Excise Act, 1915 which came to be considered in Raja Ram Jaiswal's case, : 1964CriLJ705 , and which provided in … 'Whether Police Patil appointed under Maharashtra Village Police Act, 1967 is a `Police Officer' for the purpose of Section 25 of the Evidence Act ?' and finding it difficult to follow the view expressed by other Division Benches

Balkishan A. Devidayal Vs. State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 8(1), 9(3), 9(4), 14, 160, 161, 193 and 228; Code of Criminal Procedure (CrPC) - Sections 2, 3, 4, 4(2), 5, 6, 7, 8, 8(1), 9, 9(3), 10, 11, 12, 13, 14, 18, 19, 19B, 21, 22, 23, 25, 77, 78(3), 154, 155(2), 156, 160, 162, 162(1), 173, 173(1), 173(4), 190, 190(1) and 251-A; Code of Civil Procedure (CPC), 1908 - Sections 132 and 133; Evidence Act - Sections 3, 8, 8(1), 8(2), 9, 9(3), 9(4), 21, 24, 25, 26, 27, 32, 77(2), 78(3), 145, 162, 162(1) and 165

Reported in : AIR1981SC379; (1980)82BOMLR471; 1980CriLJ1424; (1980)4SCC600; [1981]1SCR175

There, the question was, whether an Excise Officer exercising the power of investigation under the Bihar and Orissa Excise Act, 1915, is a 'police officer' within the meaning of Section 25, Evidence Act. Mudholkar, J. speaking for himself … an Excise Officer exercising the power of investigation under the Bihar and Orissa Excise Act, 1915, is a 'police officer' within the meaning of Section … 'police officer', and therefore any confessional statement made to him comes within the prohibition of Section 25, Evidence Act. Section 25 reads thus :No confession made to a police officer shall be proved as against a person accused of

Awadh Prasad Singh and Others Vs. State of Bihar and Others

Court : Supreme Court of India

Subject : Service

Acts : Inspectors of Excise Recruitment Rules, 1936 - Rules 1 and 4; Indian Foreign Service Branch 'B' (Recruitment, Cadre, Seniority and Promotion) Rules, 1964 - Rules 21(4) and 25; Constitution of India - Articles 14 and 16; Jaipur Opium Act - Sections 1; Delhi Higher Judicial Service Rules, 1970 - Rule 7; Bihar and Orissa Excise Act, 1915 - Sections 2(7), 7(2) and 89; Mysore Administrative Service (Recruitment) Rules, 1957 - Rule 17; The Military Engineer Services Class I (Recruitment, Promotion and Seniority) Rules, 1949 - Rules 3 and 4; Jaipur Laws Act, 1923

Reported in : AIR1990SC1256; JT1990(3)SC483; 1990LabIC1027; (1990)IILLJ249SC; 1990(1)SCALE587; (1990)3SCC294; [1990]2SCR193

of selected Sub-Inspectors by the Com-missioner of Excise and salt.Not more than 25 per cent of the vacancies shall ordinarily be filled by direct recruitment; … order as to costs. Excise - gradation list - Sections 2 (7), 7(2), and 89 of Bihar and Orissa Excise Act, 1915, Rules 1 and 4 of Inspectors of Excise Recruitment Rules, 1936, Rule 17 of Mysore … quota. In order to decide this question, it is relevant to refer to certain provisions of the Bihar Excise Act, 1915 as well as Rules 1 & 4 of the Inspectors of Excise Recruitment Rules, 1936.6. Section 2(7)