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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

the purposes of Section 156 of the Cr.P.C., 1898, the area to which an excise officer empowered under Section 77, Sub-section (2), is appointed shall be deemed to be a police-station, and such officer shall be deemed to … 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

Balukishan A. Devidaval Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Reported in : 1975CriLJ1891

the Code of Criminal Procedure, 1898 (5 of 1898) the area to which an Excise Officer empowered under Section 77, Sub-section (2) is appointed shall be deemed to be a police station, and such officer shall be deemed … 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 … 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

Badku Joti Savant Vs. State of Mysore

Court : Supreme Court of India

Subject : CustomsCriminal

Acts : Sea Customs Act, 1878 - Sections 167 (81); Land Customs Act, 1924 - Sections 9; Foreign Exchange Regulation Act, 1947 - Sections 8(1); Central Excises Act, 1944 - Sections 9, 13, 14, 18, 19, 21, 21(2) and 37(2) ; Indian Evidence Act - Sections 24 and 25; Code of Criminal Procedure (CrPC), 1898 - Sections 173 and 190; Bihar and Orissa Excise Act, 1915 - Sections 77(2) and 78(3)

Reported in : AIR1966SC1746; 1966CriLJ1353; 1978(2)ELT323(SC); [1966]3SCR698

Criminal Procedure, 1898, the area to which an excise officer empowered undersection 77, sub-section (2), is appointed shall be deemed to be a policestation, and … by majority itwas held that an excise officer under the Bihar and Orissa Excise Act (No. 2 of1915) was a police officer within the meaning … Bihar 0065/1963 : 1964CriLJ705 where by majority itwas held that an excise officer under the Bihar and Orissa Excise Act (No. 2 of1915) was a police officer within the meaning of s. 25 of the Evidence Act. 6. … this behalf may arrest any person whom he has reason to believeto be liable to punishment under the Act. Section 18 lays down that allsearches made under the Act or any rules made thereunder and all arrests madeunder

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

Subject : Right to Information

78(3) of the Bihar and Orissa Excise Act, 1915 (2 of 1915) an Excise Officer 108 empowered under Section 77, sub-section (2) of that Act shall, for the purpose of Section 156 of the Code of Criminal Procedure … 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 … 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

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

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 … 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 … J., however, expressed a contrary opinion. He held that the Excise Inspectors empowered by the State Government under Section 77(2) of the Bihar Act, are not 'police officers' within the meaning of Section 25 of the Evidence Act

Sadashiv Dhondiram Patil versus the State of Maharashtra

Court : Supreme Court of India

Subject : Criminal

Reported in : [2025]1S.C.R.592

was made to the provisions of section 78(3) of the Bihar and Orissa Excise Act, 1955 and section 77 of that Act which stated that … Reference was made to the provisions of section 78(3) of the Bihar and Orissa Excise Act, 1955 and section 77 of that Act which stated that Excise Officer empowered under the provisions shall be deemed to be 604 … Savant (supra) even at the cost of repetition. In paragraph 9 while discussing section 21 of the Central Excise Act which states that a Central Excise Officer under the Act has all the powers of an officer in-charge

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

that Excise Officer not below the rank of a Sub-Inspector can exercise the power under this section. 40. Section 77 is important for our purpose and is set out in full below : (2) Any other Excise Officer … 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

Collector of Customs, Madras Vs. Kotumal Bhirumal Pihlajani and ors.

Court : Chennai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 120-B; Customs Act, 1962 - Sections 107, 108 and 135; Foreign Exchange Regulation Act - Sections 23(1)(A) and 23(B); Defence of India Rules - Rule 131-B; Evidence Act - Sections 25; Code of Criminal Procedure (CrPC) - Sections 5(2), 161 and 162; Constitution of India - Article 20(3); Sea Customs Act - Sections 171-A

Reported in : AIR1967Mad263; 1967CriLJ1007

from a confession to a police officer. They also pointed out the distinction between the Bihar and Orissa Excise Act and the sea Customs Act in two respects, one what that the former does not exercise any judicial … Section 78(3) to the effect that any excise officer empowered under Section 77(2) of that Act shall, for the purpose of Section 156 Crl. P. … v. State of Bihar, . That case arose under the Bihar and Orissa ExciseAct, 1915, which had a provision under Section 78(3) to the effect … offence, can be considered to be police officers, within the meaning of Section 25 of the Indian Evidence Act. Section 107 of the Act 52 of 1962 reads thus: (Section quoted)Section 108 reads thus: (Section quoted).(18) We purpose

Abdul Razzak Alias Raju Vs. Sudip Kr. Dutta Gupta

Court : Kolkata

Subject : Criminal

Reported in : 1989CriLJ2007

with 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 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

Gurua Naik Vs. State of Orissa

Court : Orissa

Subject : Land Acquisition

Customs Officer, and also taking note of Section 78 (3) and 77 (2) of the Bihar and Orissa Excise Act, 1915 including provisions contained in Section 156, Cr.P.C., Hon’ble Supreme Court in the said case (Raja Ram Jaiswal’s) … Madhya Pradesh, ‘Village Choukidar’ in Bihar and ‘Police Patil’ in Maharashtra are equivalent posts of ‘Grama Rakshi’ in Odisha. 16 17. Oblivious of these developments, Mr. G.S. Pani, learned counsel for the appellant relies on the case