Judgment Search Results Home > Cases Phrase: border security force act 1968 chapter v arrest and proceedings before trial Sorted by: old Page 1 of about 783 results (0.216 seconds)

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 .....

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 .....

The State Vs. Gayadin

Court : Madhya Pradesh

Reported in : AIR1960MP188; 1960CriLJ917

..... that the only prohibition against the applicability of the cr. p. code is when any provision of it may be inconsistent with the provisions of the m. b. public security act. furthermore section 21 says that the provisions of the criminal procedure code 'apply to all matters connected with, arising from or consequent upon a trial held by a special judge. ..... enumerates the classes of criminal courts in these words: 'besides the high courts and the courts constituted under any law other than this code for the time being in force, there shall be five classes of criminal courts in india namely, courts of sessions etc. if it was intended that the criminal courts constituted under the criminal procedure code were ..... 428 of the. cr. p. code. 5. i feel further fortified in my opinion by section 21 of the act which runs thus:'the provisions of the code and of any other law for the time being in force in so far as they may be applicable and in so far as they are not inconsistent with the provisions of .....

Jugal Kishore More Vs. Chief Presidency Magistrate Calcutta and ors.

Court : Kolkata

Reported in : AIR1968Cal220,1968CriLJ604,71CWN508

..... with three sections : sections 19-21, prescribing the procedure for surrender of an accused from commonwealth countries. plainly, therefore, the provisions here are the provisions to be invoked for securing the surrender of more from the commonwealth country of hong kong. but section 3, sub-section (1), clause (b), i have just reproduced, stands in the way. there ..... (4). from section 76, come to section 81 which provides that the person arrested is to be brought before the court without delay, subject to the taking of security under section 76 who will he brought by? by the police-officer executing the warrant (i am excluding a person other than the police-officer though section 81 provides ..... down by the supreme court on may 19, 1954, as repugnant to the concept of a soverign democratic republic (which is india) and that the extradition act 34 of 1962, came into force on january 5. 1963, repealed it too, the least that can be said is that it discloses a sorry state of affairs, which we have .....

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 .....

Nand Lal Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1987(2)WLN868

..... act, section 42 of the act reads as under:section 42-power of entry, search, seizure and arrest without warrant of authorisation-(i) any such officer (being on 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 central government or of the border security force ..... superior.15. the above provision authorises the officers of the department of central excise narcotics, customs, revenue intelligence or any other department of the central or border security force as is empowered in this behalf by special order by the central government and these officers should be officers superior in rank to a peon, sepoy or ..... articles seized to the concerned police inspectors or s.h.o. of the police station concerned.16. earlier to it notification dated november 14, 1985 was in force which is s.o. 822-e which reads as under:s.o. 822-e-in exercise of powers conferred by sub-section (1) of section 42 .....

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 .....

Nathu Ram Vs. State

Court : Delhi

Reported in : 1990CriLJ806; 39(1989)DLT103; 1989(17)DRJ249; 1989(24)ECC139

..... section 42(1) of the act. it is provided in this section that when any 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 as is empowered in this ..... special police establishment whereas the investigation should actually have been done ordinarily by an officer of the rank of deputy suprintendent of police or above. that act also provided that an officer below the rank of deputy superintendent of police could investigate those offences if he obtained the previous permission of a first class ..... no mis-carriage of justice having been pointed out. the appellant cannot be permitted to take any advantage out of the cassenon-compliance of the provisions of the act.(15) taking into consideration all the circumstances of the case, i am of the view that the appellant was rightly convicted and sentenced by the learned trial .....

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 .....

State Superintendent, Special Customs Preventive Unit Vs. Moidu

Court : Kerala

Reported in : 1991CriLJ800

..... 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 or a police station for the investigation of the offences under this act.(2) the state government may, by notification published in the official gazette, invest any ..... circumstances of the case. 8. sections 36 and 36a to 36d of the act came into force with effect from 29-5-1989. special courts have not been constituted in kerala. by virtue of section 36d of the act, offences under the act will have to be tried by the court of session, which is not obliged ..... procedure, which disclosed an offence triable by a court of session. there are obvious differences between ordinary private complaints and complaints laid by public servants acting or purporting to act in their official capacity. a magistrate taking cognizance of a complaint under section 200 of the code of criminal procedure shall examine on oath the .....