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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 … issue before the Apex Court was whether an officer invested with powers of officer-in-charge of Police Station under Section 53 of Narcotic Drugs & Psychotropic Substances Act 1985 was Police Officer within the meaning of Section 25 of

Abdul Razzak Alias Raju Vs. Sudip Kr. Dutta Gupta

Court : Kolkata

Subject : Criminal

Reported in : 1989CriLJ2007

or a Sub-Inspector of Excise empowered Under Section 77(2) of Bihar and Orissa Excise Act to investigate any offence punishable under that Act could be … the question whether an Inspector or a Sub-Inspector of Excise empowered Under Section 77(2) of Bihar and Orissa Excise Act to investigate any offence punishable under that Act could be regarded as a police 'officer within the meaning … a police station for the investigation of the offence under the Act in accordance with the provisions of Section 53 thereof, he must be regarded as a police officer and as such any confession made to him was

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

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 … whether the officer of Department of Revenue Intelligence (DRI) invested with powers of Officer-in-Charge of Police Station under Section 53 are Police Officers or not within the meaning of Section 25 and this Court answered that those officers

Tofan Singh Vs. State of Tamil Nadu

Court : Supreme Court of India

Subject : Land Acquisition

the contention that even a superintendent of excise under the Bihar and Orissa Excise Act is not a police officer and as such a confessional … to record substantive “evidence” as in Section 108 of the Customs Act or Section 14 of the Central Excise Act which are deemed to be judicial proceedings as specifically provided under Section 108(4) of the Customs Act or … arrested or article seized to either an officer-in- charge of a police station or an officer empowered under Section 53. According to him, since there is an obligation to forward such person arrested or article seized, to an

Vidarbja Coal Supply Company Vs. Union of India and ors.

Court : Mumbai

Subject : Other Taxes

Acts : Cantonments Act, 1924 - Sections 60 and 284; Maharashtra Municiplalities Act , 1965 - Sections 105; Central Provinces and Berar Municipalities Act, 1922 - Sections 66(1); Delhi Municipal Corporation Act, 1957 - Sections 178; Uttar Pradesh Municipalities Act - Sections 128(1); Karnataka Municipalities Act, 1964 - Sections 124; Madras General Sales Tax Act - Sections 41(2); Bihar and Orissa Excise Act - Sections 90; Calcutta Municipal Act, 1951; Copyright Act - Sections 51 and 53; Teminal Tax Rules - Rule 1; Karnataka Municipalities Taxation Rules, 1965 - Rule 26; Constitution of India - Article 265

Reported in : 1987(3)BomCR502; 1987MhLJ748

, Question arose whether levymade under R. 111 of the Rules under S,. 90 of the Bihar and Orissa Excise Act for a license to possess denatured spirit used by a manufacturer in this procee is legal. … Question arose whether levymade under R. 111 of the Rules under S,. 90 of the Bihar and Orissa Excise Act for a license to possess denatured spirit used by a manufacturer in this procee is legal. It was … Keeping inview the terms and language and the legislative history of the Section 66(1) we are unable to enlarge the terms of the section by … the conditions of the licence would expose the licencee topenalty under S. 537 of the Act. The inspection was there fore necessary also for enforcing

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 … (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 may,

Kirpal Mohan Virmani Vs. B.D. Mishra

Court : Delhi

Subject : NarcoticsCriminal

Acts : Evidence Act, 1872 - Sections 25; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 53

Reported in : 1989(3)Crimes146; 37(1989)DLT362; 1989(16)DRJ257; 1989(20)ECC28

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 and which provided in terms that 'for … J. (1) Whether the officers of the Department of Revenue Intelligence (DRI for short) invested with powers under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1988 (NDPS Act' for short), were police officers within the

Krushna Chandra Behera Vs. State

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1975 - Sections 47, 49, 55, 56 and 74

Reported in : 58(1984)CLT201; 1984(II)OLR698

two contentions, namely--(a) The entire proceeding is vitiated for non-compliance with the provisions of Section 74 of the Orissa Excise Act ; and(b) The appreciation of the evidence of the Courts below is palpable erroneous and unreasonable … contentions, namely--(a) The entire proceeding is vitiated for non-compliance with the provisions of Section 74 of the Orissa Excise Act ; and(b) The appreciation of the evidence of the Courts below is palpable erroneous and unreasonable and hence … order of the Second Additional Sessions Judge, Cuttack, in Criminal Appeal No. 53 of 1980, confirming the order of the Judicial Magistrate, Second Class, Cuttack

Chhatisgarh Distilleries Ltd Through Its Director Rama Kant Shukla Vs. ...

Court : Jharkhand

Subject : Land Acquisition

the petitioner­company and this fact was concealed in the affidavit filed by it. The provisions of the Bihar Excise Act, 1915 (as adopted by the State of Jharkhand) make it abundantly clear that no one can sell liquor … Clause 15(xix) of the notice inviting tender (NIT) as ultra vires Rule 53 (a) contained in Notification No. 471­F dated 15.01.1919 and for quashing the … Act gives complete freedom to the executive to prescribe conditions for grant of exclusive privilege. In “State of Orissa & Ors. Vs. Harinarayan Jaiswal & Ors.”, reported in (1972) 2 SCC 36, it has been held by … of 2003 and, (ii) C.B.I. Trial No. 375/CP of 2002 both, under section 120(B), 420, 465, 467 and 471 I.P.C. and under section 13(2) read

State of Punjab and anr. Vs. Devans Modern Brewaries Ltd. and anr.

Court : Supreme Court of India

Subject : Excise

Acts : Abkari Act, 1977 - Sections 6, 11, 12, 14, 17, 18 and 24; Bombay Prohibition Act, 1949; Bombay Sacramental Wine Manufacturing Rules, 1950; Central Excise Act; Civil Rights Act; Constitution of India - Articles 13, 14, 19(1), 19(6), 47, 226, 245, 298, 301, 302, 303, 303(1), 304, 304A, 305, 309, 352, 366 and 372; Customs Act, 1878; Debt Act; Foreign Liquor Rules; Government of India Act, 1935 - Sections 297 Indian Laws Order, 1937; Indian Tariff Act, 1894; Kerala Abkari Act, 1902 - Sections 17; Licensing Act; Maharashtra Foreign Liquor (Sale on Cash Register of Sales etc.) Rules, 1969 - Rule 17; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 15; Prohibition Act - Sections 49 and 143(2); Punjab Excise Act, 1914 - Sections 3(6B), 3(9), 3(10), 3(12),

Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26

for imposition of penalty.108. Thus, when a person has been granted a licence strictly in conformity with the Excise Act to carry on his business activities in terms of the statute operating in the field, the same can … (1995)1SCC574 , the principles laid down in Kalyani Stores v. State of Orissa and Ors. (1966) 1 SCR 365, wherein Article 301 of the Constitution … value fixed by the Commissioner.' 71. Provision to grant licence is contained in Chapter VI of the Abkari Act, Section 24 whereof is as under:'24. Forms and conditions of licenses, etc:-Every license or permit granted under this Act … by nonuser.'89. In Bouvier's Law Dictionary, Volume I, Third Edition, at page 531, it is stated:'It has been frequently said by the Supreme Court that