Court : Guwahati
Decided on : Oct-07-1988
..... the bsf would not in any way dilute the control over the bsf vesting in the central government by virtue of what has been stated in section 4 of the border security force act inasmuch as commission of enquiry is a fact finding body and by appointing such a commission no control over the working of the bsf can be said to have been ..... and unauthorised entry into the indian territory and to instil security among the people residing in the border areas of the country. this act in ten chapters covers 142 sections. at first two sets of rules were promulgated. border security force rules of 1969 and adjustment of jurisdiction rules of 1969. later superannuation rules of 1978. border security force pay and allowance rules of 1978. the rules were promulgated .....
Tag this Judgment!Court : Guwahati
Decided on : Mar-30-1988
..... and control of the force in the central government. as the concerned ..... the b.s.f. is an armed force of the union. this is apparent from the provisions of the border security force act, 1968, section 4(1) of which dealing with the constitution of the force states that '(t) here shall be an armed force of the union called the border security force for ensuring the security of the borders of india'. section 4 of the act has vested the general superintendence, direction .....
Tag this Judgment!Court : Delhi
Decided on : Dec-07-1988
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 .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Sep-30-1988
Reported in : 1989CriLJ1412
..... 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, ..... 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 ..... for illicit arms and ammunition or a member of the armed forces in a border engagement may hit upon such a chance recovery. it will be too much to say that such a recovery would not constitute an offence under the narcotic act. take another instance. a designated officer of police department conducting .....
Tag this Judgment!Court : Gujarat
Decided on : Jun-16-1988
Reported in : 1989CriLJ765; (1988)2GLR1404
..... the official gazette, invest 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, invest any officer of the ..... state government to invest 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 purposes of investigating the offences under the act. same is the position with sub-section (2) which empowers the state government to invest any officer .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-19-1988
Reported in : 1988(1)WLN501
..... central excise, narcotics customs, revenue intelligence or any other department of the central government or the border security force is to have to be empowered by the central government by a general or special order, under section 42 of the drugs act. so is the provision in the case of officer of the state government. however, these officers ..... act which run as under42. 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 the central excise, narcotics customs, revenue intelligence or any other department of the central government or of the border security force ..... there in, and such a sort of reservation in the wisdom of legislature was necessary because, after coming into force of the drugs act, a case where the person is accused of a crime under the drugs act, where the legislature provides a sentence of ten years with a fine of rupees one lac, it is .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-13-1988
Reported in : 1990CriLJ469
..... official gazette, invest 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, invest any officer ..... court only through a complaint. thus the second argument raised by sri trivedi also does not have any force and must be rejected.8. an additional fact must be put down here. the word 'investigation' has not been defined in the act nor the words 'in charge of a police station'. for the definition of these words we have ..... , the action of sri. h.p. singh was illegal. i do not find any force in the said argument. it must be noted that section 78 of the act empowers the government to frame rules and while framing rules the purposes of the act may be taken note of. admittedly the rules have been notified on 8-10-1986. .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-05-1988
Reported in : 1988(2)WLN75
..... act of 1985 read as under:section 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 the central government or of the border security force ..... which their lordships have held as under:the setting up of delhi special police establishment by the central government under the d.s.p.e. act does not by itself deprive the anticorruption branch (delhi administration) of its jurisdiction to investigate the offence of bribery and corruption against the central government ..... of criminal procedure, but subject to any enactment for the time being in force regulating the manner or place or investigating, inquiring into, trying or otherwise dealing with such offences. the foreign exchange regulation act is a special act and it provides under section 19-a for the necessary investigation into the .....
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Jun-01-1988
Reported in : 1989CriLJ1584
..... being satisfied, registered them on pak intelligence sources.5. on 23-11-1985 you again crossed over to pak on espionage mission and gave classified information regarding deployment of security forces in the r.s. pura sector and adjoining areas. on your return from pak on 17-12-1985 you were arrested in case fir no. 1/85 under section ..... advisory board which expressed opinion that the detaining authority had sufficient cause to direct continued detention of the detenu with a view to prevent him from acting in a manner prejudicial to the security of the state. it has further been averred by him in his affidavit that on the receipt of the opinion of the advisory board the ..... (for short act hereafter). the grounds on which detention has been ordered have been enumerated in the grounds of detention as under:on 20-2-1985 you motivated one buta s/o raj singh r/o biaspur to work for pak field intelligence unit. you took him across the border to pakistan and introduced him to pakistan fiu officials .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-29-1988
..... equally circumspect. not surprisingly, therefore -- and in stark contrast to petitioners' "limited inroads" theory -- congressional opponents of the taft-hartley act's union security provisions understood the act to provide only the most grudging authorization of such agreements, permitting "union-shop agreement[s] only under limited and administratively burdensome conditions." s. ..... the near identity of the provisions insofar as they confer on unions and employers authority to enter into union security agreements, nor does it in any way undermine the force of senator taft's comparison with respect to this authority. indeed, taft himself explained that he initially "objected ..... on interstate and foreign commerce, 81st cong., 2d sess., 253 (1950). in street, we concluded "that 2, eleventh contemplated compulsory unionism to force employees to share the costs of negotiating and administering collective agreements, and the costs of the adjustment and settlement of disputes," but that congress .....
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