Court : Supreme Court of India
Decided on : Mar-31-1989
Reported in : AIR1989SC1321; JT1989(Suppl1)SC86; 1989(1)SCALE793; (1989)3SCC314; [1989]2SCR271; 1989(2)LC252(SC)
..... was no order made by the security force for passing the impugned order of dismissal for an offence made under section 19 of the border security force act, 1968 following the procedure contained in chapters vii to xi of the rules framed under section 141 of the border security force act. the border security force act has been enacted with a ..... view to provide for the constitution and regulation of an armed force of the union for ensuring the security of the borders of india and for matters connected therewith, by the parliament and ..... sending any reply. he was therefore, dismissed from service by the commandant by order dated january 5, 1972 in accordance with the provisions of border security force act, 1968 and the rules framed thereunder.6. the munsiff held that the plaintiff was given reasonable opportunity before the commandant dismissed him from service. .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-04-1989
Reported in : 1990CriLJ87
..... act or the rules operating in the area of section 482, cr.p.c. so as to override the latter and as such ..... retain the seized property. hence a case under foreign exchange regulation act (1947) cannot help the revisionist.37. further the revisionist cited the case of anand singh bishit v. union of india, 1986 cri lj 563 (cal), the case related to conviction and sentence under border security force act. considering the provisions of the act, it was held that there is no provision in the said .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-05-1989
Reported in : 1990CriLJ1787; (1990)1GLR150
..... 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 officer with the powers of an officer-in-charge of a police station for the investigation of the offence 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, narcotice, 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 under sub-section (2) which empowers the state government to invest any officer .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-22-1989
Reported in : 1989(1)BomCR503; 1990CriLJ144
..... the official gazette, invest any officer of the department of central execise, 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 ..... or psychotropic substance in respect of which an offence punishable under this act has been committed. under sub-section (2) of section 41, any 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 the state government, if .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-31-1989
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 .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-14-1989
Reported in : 1989(2)WLN573
..... were taken into possession. then, fir. no. 7/89 was chalked out. after arrest of the afore-named two persons, a message was sent by the border security force end rajasthan police, sri karanpur to the deputy collector (preventive), jaipur who in his turn passed the information to the narcotics control bureau delhi zonal unit, to the ..... that apart, shri singhvi raised objection regarding admissibility of the confessional statement.13. further, shri singhvi urged that mandatory provisions of sections 42, 50 & 57 of the ndps act have not been complied with and in these circumstances, according to him, even the case against the principal accused is also not likely to succeed at all. then ..... stated that mohd. nasar was doing small job for them; and other evidence is of the statement of nasir afghani recorded under section 108 of the customs act and third evidence is of certain accounts found at his residence which shows that of dealings in trafficing heroin.11. shri s.r. bajwa, learned advocate .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-13-1989
Reported in : 1990CriLJ1413
..... foreign exchange and prevention of smuggling activities act (1974) (hereinafter referred to as the cofe-posa act) grounds of detention annexure p-1 (a) and confirmation order dated 22-11-1988, annexure p-2.2. facts relevant for the disposal of this petition are that the petitioner was arrested by border security force near the police picket of village ..... alias babu tamchi v. state of uttar pradesh, air 1984 sc 46 : (1983 cri lj 1785) relates to different facts and circumstances regarding detention under national security act, whereas, the facts and circumstances of the case in hand are entirely different. as such the aforecited authority is not fully applicable to the facts of the ..... was subsequently enlarged on bail by the trial court. thereafter the state government passed order of detention against the petitioner under section 3(1) of the cofeposa act on 3th july, 1987 and the same was served; on the petitioner on 23rd may, 1988. since then the petitioner is under detention. it was next .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-05-1989
Reported in : 1989(2)WLN310
..... said to have smuggled from pakistan, under section 110 of the central customs act and during the course of enquiry in that matter, one ahmed s/o shahmurad khan had been examined and the ..... was examined under section 108 of the central customs act and in that statement, he had stated that according to his information, the detenu and one other person was found moving about on camel back near the place from which the recovery had been made;(iii) that again on 2/3-10-1987, border security force (bsf) had recovered 1158 kg. of charas ..... the disclosure of which, in the opinion of such authority is not in public interest. the same is the position under section 8(1) & (2) of the national security act. in this connection, it may be stated that on the one hand, there is the fear that the disclosure of certain facts may not be in the public interest on .....
Tag this Judgment!Court : Delhi
Decided on : Jun-14-1989
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 .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-01-1989
Reported in : ILR1989KAR1328; 1989(2)KarLJ372
..... test and the interview but also on the basis of the performance of service in the lower cadre. as the records of assessment stand, the petitioner has not secured higher place than that of the second respondent. thus the second respondent being senior to the petitioner, she has been selected. accordingly point no. 3 is ..... . on considering the extent of interest the applicant had in the proceeding, this court further held that:'a public document is something which forms an act or the record of act of an officialbody.''the final order or decision of the board in regard to allotment, whichever form it may take, may be regarded as a ..... ground that the selection proceedings are public proceedings recorded by the public authority, therefore the records of those proceedings become public documents under section 74 of the evidence act. therefore, the petitioner is entitled to the copies of the same on payment of necessary fee.8. whether the records of selection proceedingsare public documents or .....
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