Judgment Search Results Home > Cases Phrase: border security force act 1968 chapter v arrest and proceedings before trial Page 1 of about 783 results (0.141 seconds)

Bhanwara Ram Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... central govt. standing counsel appearing on behalf of the respondents and perused, the records. 6. admittedly, for commission of civil offence as defined under section 46 of 'the border security force act, 1968' (shortly the act), the ssfc was assembled to enquire/try the petitioner on the charge framed and after recording the evidence allowing all opportunities, the ssfc vide verdict dated 30.10.1999 ..... ' and acquitted him from the charge. the respondent no. 5 forwarded the entire proceeding to the dig, respondent no. 4 who having exercised his power under rule 160 of 'the border security force rules, 1969' (shortly the rules) held the petitioner 'guilty' of committing robbery by forcibly snatching away rs. 50,000 from civilian billai hussain and imposed the penalty of dismissal from .....

S.A. Qadir Vs. the Union of India and ors.

Court : Rajasthan

Reported in : 2000(2)WLN635

..... the inspector general is required to transmit the proceedings to the higher authority. the aforesaid notification is reproduced as follows:in pursuance of the provisions of the border security force act, 1968 (47 of 1968), the central government is pleased to hereby empower you, or the officer on whom your command may devolve during your absence, not ..... reasonable doubt that mens rea, which in view of the reasons given above, is a necessary ingredient of the offence punishable under section 40 of the border security force act. it is true that the burden to prove the ingredients of an offence lies on the prosecution and that this burden never shifts. the prosecution can ..... is not the end of the exercise necessary for answering the question whether mens rea is a necessary ingredient of the offence under section 40 of the border security force act. for the purpose of correctly ascertaining the intention of the legislature, the words used in the statute have to be construed. if the intention of .....

P.C. Pande Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : 1978(11)WLN435

..... evidence may be needed. let us see the order itself. it is reproduced below:warrant for confirming findings and sentences of the general security force under the border security force act.tothe inspector general,border security force,jodhpur (rajasthan).in pursuance of the provisions of the border security force act, 1958 (47 of 1968), the central government is pleased to hereby empower you, or the officer on whom your command may devolve during ..... working as accountant-cum-cashier in that year the petitioner was prosecuted for misappropriating property under section 30 of the border security force act, 1968 (47 of 1968)(hereinafter referred to as the act'), during the year 1975-76. he was convicted by the general security force court and sentenced to suffer rigorous imprisonment for two years. it was farther ordered that the petitioner was to be .....

Sankar Singh Vs. State of Assam and anr.

Court : Guwahati

..... with the powers of an officer-in-charge of a police station for the investigation of the offences under the act. it has also conferred similar power on the state government to invest such power ..... not inconsistent with the provisions of the act, to all warrants issued and arrests, searches and seizures made under the act. section 53 authorises the central govt. in consultation with the state govt. to invest any officer of the department of central excise, narcotic, customs, revenue intelligence or border security force or any class of such officer ..... on grant of bail are in addition to the limitations under the code or any other law for the time being in force for the grant of bail.17. the object of the act, inter alia, is to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances. .....

Rajendra and anr. Vs. State of Madhya Pradesh

Court : Supreme Court of India

Reported in : 2004(1)BLJR219; 2004(91)ECC1; 2004(1)JKJ11[SC]; JT2003(10)SC349; 2004(I)OLR211; 2003(10)SCALE75; (2004)1SCC432; 2004(1)LC754(SC)

..... to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government, or any such officer (being an officer superior in rank to a peon, ..... was settled beyond doubt by the constitution bench in baldev singh's case (supra). above being the position, the contention regarding non-compliance of section 50 of the act is also without any substance.15. a similar question was examined in madan lal and anr. v. state of himachal pradesh : 2003crilj3868 .16. coming to the ..... 1. appellant faced trial for alleged commission of offences punishable under section 8 read with section 20(b)(1) of the narcotic drugs and psychotropic substances act, 1985 (in short 'the act'). each was found guilty and sentenced to undergo imprisonment for 3 years and to pay a fine of rs. 2,000/- with default stipulation by .....

Const. C. Mohan Vs. Union of India (Uoi) Through Its Secretary, Minist ...

Court : Andhra Pradesh

Reported in : 2008(3)ALD719; 2008(3)ALT220

..... received by him, including the show-cause notice dated 20.2.2003. he submits that the procedure prescribed under section 11 and other provisions of the border security force act (for short 'the act') and the rules made thereunder, was not followed. according to the learned counsel, there was a serious default, on the part of the respondents, ..... the petitioner joined the border security force as a constable, in or about the year 1988. after completion of the training, he was deployed on the indo-pak border at komalpur in the year 1990. he served at various places, and by the year 2002, he was posted at kutch/bhuj on the indo-pak border.in september 2002, ..... commission of offence. punishments are provided for under chapter iv of the act. chapter v prescribes the procedure for arrest of the persons accused of offences, as well as the one to be followed before trial. chapter vi contains the procedure followed by security force courts. the petitioner does not dispute that he absented for five years .....

B.S. Rawat, Asstt. Collector of Customs Vs. Mohmed Azan Khan and Other ...

Court : Mumbai

Reported in : 1990(2)BomCR122; 1991CriLJ820

..... of officers of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government for arresting persons or searching buildings, conveyance or places. s. 42 ..... any officer of the department of central excise, narcotics customs, revenue intelligence or border security force or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of the offences under the act. under s. 67 any authorised officer has power to call for the ..... the applicant urged that it would be extremely difficult for the customs authorities and other agencies who have to investigate into serious offences under the central acts to make any progress with the investigation if directions are not given by the magistrate or the other authorities for enabling the investigating agency to carry .....

Ex. Const. Tejbir Singh Vs. Union of India and Other

Court : Delhi

..... of anand singh bisht and ajmer singh at the bar.12. as regards the availability of safeguards to ensure that there is no miscarriage of justice, the border security force act and rules are also a self-contained and comprehensive code, inter alia, specifying offences as well as prescribing the procedure of the trial of offenders etc. one ..... precedent at the bar setting down parameters similar to the ratio in d.k. chandras case (supra), in the context of a case arising out of the border security force act and rules, in circumstances akin to that of the petitioner. while on the subject, we might also add that section 464 of the cr.p.c., 1973 ..... section 233 of the criminal procedure code, 1898, as well as sections 234, 235 and 236 thereof. in the case at hand, the offences complained of have arisen under the border security force act, 1968, to which, admittedly, the petitioner/accused was subject, and which forms a complete code as regards the offences, as well as the procedure, for investigating .....

Roy V.D. Vs. State of Kerala

Court : Supreme Court of India

Reported in : 2001(1)ALD(Cri)71; 2001ALLMR(Cri)163(SC); 2001(1)BLJR221; 2001CriLJ165; 2000(72)ECC457; 2001(1)KLT86(SC); 2000(7)SCALE446; (2000)8SCC590; [2000]Supp4SCR539; 2001(1)LC212(SC

..... of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence of any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government, or any such officer of the revenue, drugs control, ..... (2) of section 41 of the narcotic drugs & psychotropic substances act entitles any officer of gazetted rank of the departments of central excise, narcotic, customs, revenue intelligence or any other department of the central government or of the border security force who has been empowered in that behalf by general or special order ..... acting under section 42.42. power of entry, search, seizure and arrest without warrant or authorisation.-(1) any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force .....

Kirpal Mohan Virmani Vs. B.D. Mishra

Court : Delhi

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

..... , sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government, or any such officer (being an officer superior in rank to ..... such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government, or any such officer of the revenue, drugs, control, excise, ..... any officer of the department of central excise, narcotics, customs, revenue intelligence or border security force or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of the offences under this act. (2) the state government may, by notification published in the official gazette .....