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Rajat Kumar Pattnayak Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 5 and 457; Bihar and Orissa Excise Act, 1915 - Sections 47, 55, 67 and 68; Constitution of India - Articles 226 and 227

Reported in : 95(2003)CLT307; 2003(I)OLR187

Patna High Court in State V. Rarnyas Thakur (supra) cited in the impugned order of the learned Magistrate.6. Section 67 of the Bihar and Orissa Excise Act confers powers on the Magistrate and the Collector to confiscate the … in the offences under Section 47 (a)/ 55 of the Bihar and Orissa Excise Act. In connection with the said offences, Aska P.S. Case No. … allegation that it was involved in the offences under Section 47 (a)/ 55 of the Bihar and Orissa Excise Act. In connection with the said offences, Aska P.S. Case No. 26 of 2002 was registered (G, R. Case

Soubhagya Kumar Panda and Ugam Nath Vs. State of Orissa

Court : Orissa

Subject : Excise

Acts : Bihar and Orissa Excise Act, 1915 - Sections 47, 66, 67 and 68; Code of Criminal Procedure (CrPC) , 1973 - Sections 457

Reported in : 96(2003)CLT78; 2003(II)OLR52

with commission of offence under Section 47 (a) of the Bihar and Orissa Excise Act, the learned Magistrate rejected the petition on the ground that … having been seized in connection with commission of offence under Section 47 (a) of the Bihar and Orissa Excise Act, the learned Magistrate rejected the petition on the ground that the Criminal Court had no jurisdiction to entertain … liable to confiscation under Section 66 may at any time before the Magistrate has passed an order under Section 67, Sub-section (1), release the property on payment of any sum not exceeding the value thereof, as estimated by

Ugam Nath Vs. State of Orissa

Court : Orissa

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 457; Bihar and Orissa Excise Act, 1915

Reported in : 2004(I)OLR188

can release any property seized for an offence under the Bihar and Orissa Excise Act, 1915 under Section 457 of the Code of Criminal Procedure, … the Magistrate in some cases can release any property seized for an offence under the Bihar and Orissa Excise Act, 1915 under Section 457 of the Code of Criminal Procedure, 1973. We have delivered a separate judgment today … liable to confiscation under Section 66, may, at any time before the Magistrate has passed an order under Section 67, Sub-section (1), release the property on payment of any sum not exceeding the value thereof as estimated by

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

be a police officer. Then, the PMLA is distinguished from the 1962 Act, Sea Customs Act, 187826, Central Excise Act, 194427 and the CGST Act. The dissenting opinion of Subba Rao, J.in Barkat Ram28 is also relied upon. … rendered illusionary. (xxii) Finally, an argument is raised that Section 50 of the PMLA is much worse than Section 67 of the Narcotic Drugs and Psychotropic 48 Even the applicability of Prevention of Money-Laundering (Forms, Search and Seizure … 1878 Act, inserted by Section 12 of the Sea Customs (Amendment) Act, 1955; Section 108 of the 1962 Act; Section 14 of the Central Excises and Salt Act, 1944118 and Section 40 of the FERA. Learned counsel further

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 … officer-incharge of a police station for the investigation of offences under this Act.'The only other relevant provision is Section 67 which is as follows :'67. Any officer referred to in Section 42 who is authorised in this behalf … (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

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

Subject : Right to Information

that a confession made to an Excise Inspector under the Bihar and Orissa Excise Act of 1915, would be a confession made to a police … the NDPS Act, being a penal statute, is in contradistinction to the Customs Act, 1962 and the Central Excise Act, 1944, whose dominant object is 2 to protect the revenue of the State, and that therefore, judgments rendered … on three grounds, as follows: “24.1. The conviction is based solely on the purported confessional statement recorded under Section 67 of the NDPS Act which has no evidentiary value inasmuch as: (a) The statement was given to and … 38.On the other hand, the CrPC has been made expressly applicable by the following sections of the NDPS Act: section 34(2), which refers to the form of a security bond; section 36B, which refers to the High Court’s

Raj Exports Vs. National Aluminium Co. Ltd.

Court : Orissa

Subject : Customs

Acts : Customs Act, 1962 - Sections 9(4), 25, 25(1) and 74; Import Trade Control Act; Central Excise Act - Sections 57A; Foreign Trade (Development and Regulations) Act; Customs Tariff Act, 1975 - Sections 3; Imports and Exports (Control) Act, 1947; Imports (Control) Order, 1955; Central Excise Rules, 1944 - Rules 12(1), 13(1), 56A, 57A, 191A and 191B; Customs and Central Excise Duties Drawback Rules, 1971

Reported in : 1996(87)ELT349(Ori)

the policy under Import Trade Control Act and also under Duty Draw Back Rule under Custom and Central Excise Act would stand defeated. The contention of Custom as made out in the case is that even if one … and thus could not transfer the said licences in terms of para 67 of the import export policy. It is placed on record that admittedly … judgment delivered by my learned brother. - LABOUR & SERVICES Pay Scale:[Tarun Chatterjee & R.M. Lodha,JJ] Fixation - Orissa Service Code (1939), Rule 74(b) Promotion - Government servant, by virtue of Rule 74(b), gets higher pay than … Custom authorities have placed on record the statutory provisions as envisaged under Section 25 of the Customs Act, 1962 regarding power to grant exemption from

East Anglia Plastics (India) Ltd. Vs. Collector of Central Excise and ...

Court : Kolkata

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 2, 3, 4, 4(1), 11, 32, 35, 36, 37, 37(2), 38 and 40(1); ;Government of India Act 1935; ;Sea Customs Act, 1878 - Section 30; ;Customs Act, 1962 - Section 14; ;Central Excise (Amendment) Act, 1973; ;Central Provinces and Berar Sales of Motor Spirit and Lubricants Taxation Act, 1938; ;Madras General Sales Taxation Act, 1939; ;Sugar Excise Act; ;Madras General Sales Tax Act, 1959 - Section 32; ;Central Excise Rules, 1944 - Rules 8, 8(1), 9, 173C, 173C(2A), 173E, 173G(3) and 173J; ;Constitution of India - Articles 14, 19(1), 32, 226 and 265

Reported in : 1983(12)ELT126(Cal)

production of evidence of pay- ment of the duty payable to the Collector of Central Excise, Calcutta and Orissa Collectorate. After the introduction of the 'Self Removal Procedure' the appellant had been filing with the appropriate Excise … not be said that the excise duty collected by the Excise Officer was levied outside Section 4 of Excise Act. According to his Lordship the Excise Officer on the basis of the ex-factory wholesale cash price submitted by … Mahaluxmi Rice Mills v. Addl. Commr. of Commercial Taxes, West Bengal, (1963) 67 Cal WN 405 and Tilokchand Motichand v. IIB. Munshi, Commr. of Sales

Husen Bhenu Malad Vs. State of Gujarat

Court : Gujarat

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20, 23, 29, 30, 36A, 36B, 41(2), 42, 42(1), 42(2), 43, 52, 52(3), 53, 55, 56, 57 and 67; Foreigners Act, 1946; Indian Passport Regulations Act; Customs Act, 1962 - Sections 108; Constitution of India - Article 20(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 164, 313 and 374(2); Evidence Act - Sections 24 and 25

Reported in : 2003CriLJ5070; (2003)4GLR916

of Rajasthan, 2000 Cri.LJ 4635.(x) K.I. Pavunny v. Assistant Collector (HQ), Central Excise Collectorate, Cochin, (1997) 3 SCC 721.(xi) Bipinbhai A. Patel v. State of … of the accused on 7.8.1994. Statements of the accused under Section 108 of the Customs Act and under Section 67 of the NDPS Act were recorded on the same day. Second statement of A-1 was recorded on 8.8.1994 … Mishra, Air Customs Officer, IGI Airport v. Nicelai Christensen, 1997 (4) Crimes 108.(viii) Satyanarayan Das v. State of Orissa, 1999 Cri.LJ 974.(ix) Karnail Singh v. State of Rajasthan, 2000 Cri.LJ 4635.(x) K.I. Pavunny v. Assistant Collector (HQ),

Thakur Prasad Sao and ors. Vs. the Member, Board of Revenue and ors.

Court : Supreme Court of India

Subject : Commercial

Acts : Bihar and Orissa Excise Act, 1915 - Sections 22, 22(1), 29, 30, 39, 42 and 43

Reported in : AIR1976SC1913; (1976)2SCC850; [1976]3SCR34

the increase was below 12 per cent. The appellants filed application under Section 39 of the Bihar and Orissa Excise Act, 1915, hereinafter referred to as the Act, for reduction of the fees for the year 1974-75, … increase was below 12 per cent. The appellants filed application under Section 39 of the Bihar and Orissa Excise Act, 1915, hereinafter referred to as the Act, for reduction of the fees for the year 1974-75, but they