Court : Rajasthan
Reported in : 1996CriLJ740; 1995(3)WLC232; 1995(1)WLN261
ORDERR.R. Yadav, J.1. The instant petition under Section 482 Cr. P.C. has been filed against the order dated 31-10-92 passed by the learned Munsif and Judicial Magistrate (East), Bhilwara in Cr. Misc. Case No. 63/ 92 by Keshu Lal on the ground, inter alia, that petitioner Keshu Lal, Smt. Surji and Smt. Lali were apprehended by the Kotwali Police Station, Bhilwara under Section 109 Cr.P.C. and about 37 articles and 5 articles of silver, full details of which are disclosed in the impugned order, were seized by the police officer under Section 102 Cr.P.C. suspecting it to be stolen property.2. It is undisputed before me that the proceedings under Section 109 Cr.P.C. had been terminated under Sub-section (6) of Section 116 Cr.P.C. on the expiry of six months of such detention. Certified copy of the order passed by the learned Executive Magistrate terminating the proceedings under Section 109 Cr.P.C. dated 27-5-92 is on record.3. After termination of the proceedings under Section 109 Cr.P.C...
Tag this Judgment!Court : Rajasthan
Reported in : 1996(2)WLC163; 1996(1)WLN12
R.R. Yadav, J.1. This is an application for bail filed by the accused petitioners in the case under Sections 8/19 and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'N.D.P.S. Act').2. The prosecution case stated in brief as disclosed in the FIR No. 1/95 lodged on 21.10.95 at 8.00 p.m. is that in the crop year 1994-95 the accused petitioners alongwith other cultivators have been granted licences for opium poppy cultivation as per policy decision taken by the Central Government.3. All the licenced cultivators were under obligations to deliver all opium produce of their plots cultivated with opium poppy as stipulated in their licences. It is further alleged that the accused persons named in the said FIR hatched a conspiracy by committing forgery in the Preliminary Vehement Register (hereinafter referred as 'P.W.R.') commonly known as 'Kachcha Taul Register' and in the process they changed the pages of P.W.R. so that their villages may be declared...
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ1333
Jasraj Chopra, J.1. This appeal is directed against the judgment of the learned Additional Sessions Judge No. 2, Sri Ganganagar dated 23-8-1989 passed' in sessions case No. 17 of 1988 whereby the learned Additional Sessions Judge has held the accused appellants Jamuram, Munshiram, Satnamchand, Kashmir Chand and Nanakram guilty of the offence under Section 302 and in the alternative of the offence under Section 302/149, IPC and has sentenced them to imprisonment for life together with a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for six months. They have also been held guilty of the offence under Section 148, IPC and have been sentenced to rigorous imprisonment for two years together with a fine of Rs. 200/- and in default, to further undergo two months rigorous imprisonment. Both the substantive sentences have been ordered to run concurrently.2. The facts necessary to be noticed for the disposal of this appeal briefly stated are : that ...
Tag this Judgment!Court : Rajasthan
Reported in : (1995)128CTR(Raj)419; [1995]214ITR669(Raj)
JAIPUR BENCHV. K. SINGHAL J. - In this writ petition under article 226 of the Constitution of India, the petitioner has challenged the notice dated April 22, 1978, under section 147 of the Income-tax Act, 1961, on the ground that no reason has been recorded as contemplated under section 148 and the said reasons are arbitrary, illusory and fanciful.The facts of the case are that after initiation of the proceedings under section 147, the petitioner received a letter dated September 1, 1982, from which it transpires that reopening of the proceedings is sought on the basis of the amount of commission which was paid to its sole-selling agent. It is submitted that the said amount is disclosed in the balance-sheet which was submitted to the assessing authority in the course of the assessment proceedings. It was further submitted by learned counsel that the material facts which were necessary having already been disclosed, the action of the Income-tax Officer is entirely illegal and arbitrary....
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ3071; 1995(2)WLC84
R.R. Yadav, J.1. This appeal is preferred against the judgment dt. 13-9-93 passed by learned Sessions Judge, Bhilwara in sessions case No. 85/92 by which he found accused appellant, Smt. Jamni guilty for the offence under Section 302, IPC. The learned Sessions Judge convicted the accused appellant under Section 302, IPC for committing murder of her husband Rameshwar and sentenced her to imprisonment for life together with a fine of Rs. 500/- and in default of payment of fine to further under go one year's RI.2. The facts of this case in nutshell can be recapitulated within narrow compass which is apparent from the written report Ex. P7 lodged by PW2, Gordhan on 18-2-92 at 6.15 a.m. on the basis of which formal FIR Ex. P8 was drawn at Police Station Gangapur Distt. Bhilwara. According to said Ex. P8 it is alleged that day before yesterday i.e. 16-2-92 the brother of Jamni namely Girdhari Lai and her maternal uncle namely Bansidhar came with her from their village Nari and on the same ev...
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ2967
ORDERB.R. Arora, J.1. The petitioner, alongwith his wife and one Tapsu, was arrested in connection with an FIR lodged against them on 14-3-94 at Police Station, Pratabgarh, pertaining to the offences under Sections 8/12, 8/18, 25,29, 8A read with Sections 18 and 25 A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'the Act'). After his arrest on 19-3-94, on his information and at his instance, two Jericans of five litres each, containing 'acetic Anhydride', which is one of the components in the manufacture of brown sugar, and some other materials were recovered from the possession of the petitioner in the presence of the Motbir witnesses. According to the prosecution, this acetic Anhydride, which is used for the manufacture of brown sugar, was supplied by the petitioner to the persons, including co-accused Tapsu, for manufacturing brown sugar. The police, after necessary investigation, submitted the charge-sheet against the accused under Section 173(2) Cr. P. C. ...
Tag this Judgment!Court : Rajasthan
Reported in : [1995(71)FLR740]; (1999)IIILLJ1401Raj; 1995(1)WLC565
N.K. Jain, J.1. This special appeal is directed against the order dated February 9, 1992 passed by learned single Judge whereby he has allowed the writ petition and directed the respondent to regularise the petitioner's services on the post of tractor driver on which he was held to be appointed in the award of the Labour Court, Udaipur and also directed the respondents to fix the petitioner at the regular pay scale applicable to the driver w.e.f. October 12, 1982 with all consequential benefits.2. The facts which are necessary to be noticed for the disposal of this special appeal are that the petitioner was retrenched on September 8, 1992 (Anx. 9) after giving notice of termination with three months wages. The same was challenged by means of writ petition under Article 226 of the Constitution. The learned single Judge allowed the writ petition as observed above. Hence, this special appeal.3. Mr. Bishnoi, learned counsel for the appellant has assailed the order of the learned single Jud...
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ772
B.R. Arora, J. 1. This appeal is directed against the judgment dated 24-1-94, passed by the Special Judge, N.D.P.S. Cases Court, Jodhpur, by which the learned Special Judge convicted the appellant for the offences under Section 18 of the Narcotic Drugs and Psychotropic Substances Act and under Section 3/25 of the Indian Arms Act and sentenced him to undergo ten years' rigorous imprisonment and a fine of Rs. 1,00,000/- and in default of payment of fine further to undergo one year's rigorous imprisonment for the offence under Section 18 of the Narcotic Drugs and Psycho-tropic Substances Act (in short, 'the N.D.P.S. Act') and one year's rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine further to undergo one month's rigorous imprisonment for the offence under Section 3/25 of the Indian Arms Act.2. Appellant Rewant Singh was tried by the learned Special Judge, N.D.P.S. Cases, Jodhpur, for the offences under Sections 8/17 and 18 of the N.D.P.S. Act and Section ...
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ2295; 1995(3)WLC150
ORDERB.R. Arora, J.1. This revision petition is directed against the order dated 14-7-1992, passed by the Special Judge, Essential Commodities Act Cases, Udaipur, by which the learned Special Judge discharged the accused-respondents for the offence under Section 3/7, of the Essential Commodities Act (for short, 'the Act') and further observed that the offences under Sections 406, 467, 468 and 120B, I.P.C. are not summary triable and, therefore, if the State so likes, it may file the charge-sheet against the accused in the competent Court.2. The brief facts of the prosecution case are that on 22-10-1984, Bhanwar Singh, Assistant Sub-Inspector of Police, Police Lines, Udaipur, was on patrolling duty in connection with Deepawali festival. While he was in Bapu Bazar, Udaipur, he was informed by one Mukhbir that fifty-seven bags of sugar were released by the 'Rajasthan Janjaati Vikas Sahkari Sangh, Udaipur, to the dealers Prakash Chandra, Kanti Lal, Hari Singh, Kalu Lal, Prem Mohan and Kama...
Tag this Judgment!Court : Rajasthan
Reported in : 1995CriLJ1160
R.R. Yadav, J.1. This reference for confirmation of death sentence is made by learned Addl. Distt. and Sessions Judge, No. 2, Sriganganagar to this Court vide his Judgment dt. 18-8-1992 arising out of sessions case No. 19/ 1991 by which he found Jasu alias Jaswant Singh guilty for committing brutal and cruel murder of Jaspal Singh under Section 302 I.P.C. and sentenced him to death by hanging by the neck till death and a fine of Rs. 100/-.2. The learned trial Judge further found the accused Jasu alias Jaswant Singh guilty for attempt to commit murder of Major Singh under Section 307, I.P.C. and sentenced him to 7 years R.I. and a fine of Rs. 500/- and in default to further under go one year's simple imprisonment. The learned trial Judge also found the above named accused guilty for the offence under Section 397, I.P.C. and sentenced him to 7 years R. I. together with a fine of Rs. 500/- and in default to further under go one year's simple imprisonment. The learned trial court further f...
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