Court : Delhi
Reported in : 1982CriLJ64; 21(1982)DLT60
..... mohinder advani and other unknown persons having for its object to cheat the officers of join't chief controller of imports and exports, new delhi and bombay for obtaining import licenses in the name of three aforesaid fictitious firms and in order to achieve the object of the aforesaid conspiracy, the respondents prepared ..... sections 419, 420, 467, 471 and 468 of indian penal code and read with sections 4 and 5 of the foreign exchange (regulation) act, 1949 and the discharge of the accused persons for want of requisite complaint under section 23(3) of the said act was maintained. ..... respondents to an unreported judgment of the bombay high court in state of maharashtra v. r. ..... lal (supra) too was not noticed which, to my mind, will apply on all fours to the instant case with due deference to the learned judges of the bombay high court, thereforee, i am persuaded to follow the ratio of chandrika soa & hazari lal (supra). ..... however, no prosecution against them could be launched except in accordance with the provisions of section 6 of the act which imposes restriction regarding the cognizance and trial of offences punishable under section 5 and makes it obligatory upon the court to take cognizance of an offence only upon a complaint ..... not be launched for mere conspiracy even though the facts alleged unerringly disclosed actual corn mission of offence punishable under the foreign exchange (regulation) act, l947 because of prohibition contained in section 23(3) and section 23d of the said act. .....
Tag this Judgment!Court : Mumbai
Reported in : (1978)80BOMLR482
..... and other articles prohibited by the prohibition act will be governed by the provisions of the act and will not be permitted merely because a particular article is manufactured outside the state of maharashtra and is consumed within the state of maharashtra. ..... it is not necessary to decide whether mens rea is an essential ingredient of the offence under the prohibition act, but where the statutory burden is placed upon the accused, it is upon him to discharge that burden including the absence ..... upon the prosecution and which rests upon the accused are totally different in cases under the prohibition act where the case is one for possession and the case is one for consumption. ..... chapter iii, of the prohibition act shall be deemed to apply to, among others, any medicinal preparation containing alcohol which is unfit for use as ..... for him to say that he consumed medicinal preparation; he must further show that he consumed a medicinal preparation, consumption of which is not prohibited by the provisions of the prohibition act.6. ..... for being intoxicated under section 66(1)(b) that the moment the accused person shows that he has taken a medicinal preparation containing high percentage of alcohol, he has discharged the burden under section 66(2) of the prohibition act. ..... is unfit for use as intoxicating liquor, but he has totally failed to prove that the medicinal preparation which he consumed corresponded with the description and limitations mentioned in section 59a of the prohibition act.4. .....
Tag this Judgment!Court : Mumbai
Reported in : 1978CriLJ834
..... state of maharashtra (1975) 77 bom lr 162:where the prosecution wants to establish that an accused has committed the offence of possession of liquor under section 66 (1) (b) of the bombay prohibition act, 1949, it should not only show that the accused was in possession of contraband liquor which contained alcohol but it should also have to show that such a variety, which was in possession of the accused, was not of the kind exempt under section 24-a of the act. ..... where, therefore, the chemical analyser's report merely stated that the sample contained 18 per cent v/v of ethyl alcohol in water and there was no expert evidence to show that it was of a variety the use of which was prohibited under the law, it was held that, under such circumstances, the burden of proof was not properly discharged by the prosecution.this decision overlooks the provisions in section 103 of the bombay prohibition act, 1949. ..... 153 of 1976 were tried for the offences under sections 65 (f) and 66 (1) (b) of the bombay prohibition act (hereinafter referred to as act) and were convicted by the trial magistrate for an offence under section 65 (f) of the act only, and each of them was sentenced to suffer rigorous imprisonment for 3 months and to pay a fine of rs ..... , the learned counsel for the state rightly submitted that the offence under section 65 (f) of the act can be proved; even without showing that liquor or prohibited liquor was found in the articles that were seized which constituted the working still. .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR625
..... circumstances to my mind, are sufficiently eloquent facts, which, prima facie, are sufficient to frame the necessary charge for the commission of an offence punishable under section 66(1)(b) 'for possession' of liquor in contravention of the provisions of section 66 of the bombay prohibition act, 1949, particularly, when on the 'same facts' accused no. ..... 1 for the commission of an offence punishable under section 66(1)(b) of the bombay prohibition act, 1949 (for possession of liquor).19. ..... 1 was guilty of possession and consumption of liquor under section 66(1)(b) of the bombay prohibition act, 1949 and also under sections 65(a), 68, 81 and 84 of the said act. ..... in such circumstances, it is the duty of the prosecution to see that all the participants are charged with the commission of the offence viz: of possessing liquor in contravention of the provisions contained in section 66(1)(b) of the bombay prohibition act, 1949. ..... parties' are detected by the police, it is the imperative duty of the prosecution to allege that all the participants of the same are charged with the 'possession' of liquor in contravention of the provisions of law contained in section 66(1)(b) of the bombay prohibition act, 1949. ..... 1 was guilty of possessing and consuming liquor and as such was guilty of committing the offence punishable under section 66(1)(b) of the bombay prohibition act, 1949. ..... state of maharashtra : 1974crilj337 . ..... state of maharashtra : 1974crilj809 and bhim singh rup singh v. .....
Tag this Judgment!Court : Gujarat
Reported in : 1971CriLJ1381; (1971)GLR663
..... abhyankar has considered all other relevant rulings and in his lucid judgment, has observed that-the presumption that section 66(2) of the bombay prohibition act, 1949 draws from the presence of a certain percentage of alcohol concentration in the blood of the accused charged with having consumed prohibited liquor is a compelling presumption. ..... the report of the chemical analyser that one bottle sent to him out of eight bottles found from the accused contains liquor is not a reliable evidence on which a prosecution can succeed under section 66(b) of the bombay prohibition act, 1949. ..... appeal arises out of the judgment of the learned judicial magistrate, first class, padra acquitting the accused of offences under sections 66(1)(b) and 85(1)(2)(3) of the bombay prohibition act hereafter referred to as the act.2. ..... that the medicinal preparation containing alcohol which he had taken was unfit for use as an intoxicating liquor; if so much is established, the accused would not be committing any offence under the act, since under section 24a, the act itself does not apply to such medicinal preparations.in the instant case, the accused had not shown by leading any other evidence that the medicinal preparation containing alcohol which he is alleged to have ..... point was considered by the bombay high court in the case of state of maharashtra v. ..... the state of maharashtra : 1966crilj168 , the decision of the bombay high court was ..... learned defence advocate referred to the case of state of maharashtra v. .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1970Guj235; 1970CriLJ1475
..... . state of maharashtra, air 1963 s 1531, which was a case under the bombay prohibition act, 1949 (bombay act no ..... . the appellant before the supreme court was convicted under section 66(1)(b) of the bombay prohibition act, 1949, on the charge of having consumed an intoxicant against the provisions of the prohibition act and was appropriately sentenced by the trial magistrate ..... then referred to by the supreme court while considering the contention raised on behalf of the appellant that the blood specimen was not submitted in the manner prescribed by the said rules which were framed under the bombay prohibition act and therefore, it could not be regarded as 'duly submitted' within the meaning of section 510 of the code rule 3 deals with the examination of a person by a registered medical practitioner before whom he is produced under sub-section (1) of ..... . desai on the extracted observations of the supreme court that in the course of investigation of an offence under the bombay prohibition act, examination of the person suspected by a police officer or prohibition of his blood may be carried out only in the manner prescribed by section 129-a or not at all ..... . report of the chemical examiner in respect of the blood collected in the course of investigation of an offence under the bombay prohibition act, otherwise than in the manner set out in section 129-a, cannot therefore, be used as evidence in the ase .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC722; 1966CriLJ597; [1966]2SCR142
..... 66(1)(b) of the bombay prohibition act 25 of 1949, and was sentenced to suffer rigorous imprisonment for three months and to pay a fine of ..... the bombay prohibition act 25 of 1949 by ..... the bombay prohibition act. ..... must be remembered that these preparation were manufactured within the state of maharashtra by manufacturers licensed under the medicinal and toilet preparations (excise duties) act 16 of 1955 and were issued from a bonded warehouse. ..... which includes sections 11 to 24(a) it is lawful to import, export, transport, manufacture, sell, buy, possess, use or consumer any intoxicant to the extent provided by the provisions of the act or any rules, regulations or orders made or in accordance with the terms and conditions of a licence, permit, pass or authorization granted thereunder. ..... after consulting the board of experts the government of maharashtra issued a declaration on october 4, 1960, declaring that both the preparations mahadrakshasava and dashmoolarishta were medicines fit for use as ..... it then stood it was open to the state in a prosecution for infringement of a prohibition contained in sections 12 and 13 to rely upon the presumption under s. ..... 6a(6) of the act : in a prosecution for infringement of the prohibition contained in sections 12 and 13, the state could rely upon the presumption after resorting to the machinery ..... - appellant in this appeal - is the proprietor of a business in drugs styled 'anil medical stores' at wani, district yeotmal in the state of maharashtra. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal359,69CWN801
..... case it was urged that by reason of the enactment of sections 129a and 129b of the bombay prohibition act, 1949, section 510 of the criminal procedure code stood repealed in its application for offences under section 66(1) of the bombay prohibition act and in support of this contention reliance was placed on article 254(2) of the constitution. ..... the bombay act having been so reserved and having received the president's assent section 129a and section 129b of the bombay prohibition act, 1949, will prevail in the state of bombay to the extent of inconsistency with the criminal ..... sections 129a and 129b were incorporated in the bombay prohibition act by the amending act 12 of 1959 and this act no. ..... advocate for the respondents, contended that article 254(2) of the constitution was of no assistance to the appellants in this case, because the only amendment to section 2 of the act which was reserved for the president's consideration and which received his assent, was as mentioned above, namely, 'but does not include a purpose of the union. ..... it was for this reason that under article 254(2) of the constitution the amending provisions were held to prevail against the central act, but in the instant case as i have noticed earlier, the amendment to the west bengal land development and planning act, 1948, which was reserved for the president's consideration and thereafter received his assent related only to the provision, namely, 'but does not include a purpose of ..... state of maharashtra, air 1963 .....
Tag this Judgment!Court : Mumbai
Reported in : (1964)66BOMLR42; 1964MhLJ273
..... his intoxication is accountable to consumption of a medicinal preparation containing alcohol, it is for the prosecution to prove that what he might have consumed is not a medicinal preparation unfit for use as intoxicating liquor within the meaning of section 24-a of the bombay prohibition act, according to the learned counsel, the ratio of the decision of the supreme court in narandas's case is that in all prosecutions for contravention of section 13(b), which is made punishable under section 66(1)(b) of the ..... unless the respondent vijaysingh is able to establish that the ratio of the decision of the supreme court in laxman's case is that in a prosecution under section 66(1)(b) of the bombay prohibition act for having consumed liquor, the only duty of the accused is to show that he consumed a medicinal preparation and that consumption of such medicinal preparation accounts for the concentration of ethyl alcohol in his blood sample, and ..... there has been considerable debate at the bar as to the nature of the burden on the prosecution to prove its case under section 66 of the bombay prohibition act and the circumstances which the accused has to prove to get out of the charge. ..... these cases are (1) state of maharashtra v. ..... the learned judge drew support for this conclusion also by reference to the decision of the supreme court in state of maharashtra v. ..... 2) is another expert witness who was working as director of forensic science laboratory, with the government of maharashtra. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom68; (1962)64BOMLR451; 1963CriLJ567; ILR1962Bom504
..... prosecutedon the charge of consuming liquor and thereby committingan offence punishable under section 66 of the bombay prohibition act. ..... in order to prove that the accused hadconsumed prohibited liquor, the prosecution relied on sub-section (2) ot section 66 of the act, which states that, wherein any trial of an offence for the consumption of anintoxicant, it is alleged that the accused person consumedliquor, and it is proved that the concentration of alcoholin the blood of the accused ..... failed to establishthat the concentration of alcohol in the blood of the accusedwas not less than 0.55% and that, consequently,they could not rely upon the presumption under section 66(2)of the act, that the substance, which the accused hadconsumed, was prohibited liquor. ..... under the hand of a registered medical practitioner, or the chemical examiner or assistant chemical examiner to government, under section 129a, may be used as evidence of the facts stated in such certificate in any proceedings under this act, but that the court may if it thinks fit, and shall, on the application of the prosecution or the accused person, summon and examine any such person, as to the subject-matter of his certificate. ..... there is also no provision of law, which requires that the evidence furnished by the certificate of the chemical analyser cannot be acted upon, unless the certificate also gives particulars about the tests or experiments performed by the chemical analyser and the reasons, which led him to form the .....
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