Court : Supreme Court of India
Decided on : Mar-07-2003
Reported in : AIR2003SC1416; 2003(3)AWC1948(SC); (2003)3CALLT15(SC); [2003(97)FLR1034]; 2003(3)JKJ41[SC]; JT2003(3)SC201; 2003(3)SCALE8; (2003)4SCC531; [2003]2SCR721; 2003(2)SLJ395(SC);
..... a component thereof the same cannot be treated to be a separate unit for the purpose of rule 45b of the rules. section 2(1)(f) of the border security force act defines commandant with reference to a unit and not commandant as a holder of post.19. rule 46 is a proviso or an exception to rule 45 b ..... in this behalf by warrant of the central government.16. the central government in exercise of its power conferred upon it under section 141 of the border security force act made rules known as the border security force rules, 1969. some of the provisions of the rules are in the following terms:14a ranks-(1) the officers and other members of the ..... invalid.15. before embarking upon the rival contentions of the parties, we may notice the following provisions of the border security force act.'2(1)(f) 'commandant', when used in any provision of this act with reference to any unit of the force, means the officer whose duty it is under the rules to discharge with respect to that unit, the functions .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-05-2003
Reported in : 2003(51)BLJR934; 2003CriLJ1710; JT2003(2)SC413; 2003(2)SCALE658; (2003)11SCC508; 2003(1)LC640(SC)
..... 17 or shall affectthe jurisdiction of a criminal court to try anyoffence triable by such court as well as by asecurity force court.'11. this section authorises the border security force to arrestand initiate proceedings and punish an offender who was subject tothe act provided such person is tried for an offence under the actwithin six months after he has ceased to be subject to ..... of the same offence thediscretion to proceed or not to proceed under the bsf act lies withthe director general, or other officers specified therein withinwhose command the accused person is serving. it must be noticedherein that this section applies only to such persons who 'isserving' in the border security force and not to a person whoceases to be an officer of the bsf at .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-07-2003
Reported in : AIR2003SC3569; (SCSuppl)2004(1)CHN112; JT2003(5)SC448; 2003(5)SCALE173; (2003)6SCC469; 2004(1)SLJ135(SC); (2003)2UPLBEC1835
..... petitions before the calcutta high court complaining that they were discriminated vis-a-vis other regular boarder wing home guards of the west bengal and the border security force personnel, as the writ petitioner-respondents had also been performing similar duties and discharging same responsibilities. the learned single judge considering all the material on ..... naik, naik, platoon havaldar. the state government, accordingly, as per scheme of government of india, recruited full time and part time border wing home guards, under the west bengal home guards act, 1962.9. the main plank to oppose the writ petitions filed by the respondents has been that 'home guards' is a voluntary ..... high court for the following reasons:1. the petitioners have been members of a voluntary organization;2. they were recruited under the state home guard act by the state machinery;3. master and servant relationship of the petitioners existed only with the state government; and4. central government was liable to bear .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-11-2003
Reported in : AIR2003SC1599; 2003CriLJ1527; 103(2003)DLT50(SC); 2003(86)ECC33; JT2003(2)SC470; 2003(2)KLT110(SC); RLW2003(3)SC364; 2003(2)SCALE11; (2003)9SCC193; [2003]1SCR995; 2003(1)LC
..... 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 as is empowered in this behalf by general or special order by the central government. section 42(1) is reproduced below for ready reference:-'42. ..... 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, police ..... 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 : Supreme Court of India
Decided on : Sep-19-2003
Reported in : AIR2003SC4311; 2004(1)ALD(Cri)19; 2003CriLJ4996; 2003(89)ECC697; JT2003(Suppl2)SC459; 2003(7)SCALE649; (2003)8SCC449
..... 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 ..... to his immediate official superior. this was the statutory provision at the relevant time. by the narcotic drugs and psychotropic substances (amendment) act, 2001 which came into force on 2nd october, 2001, section 42(2) was amended whereunder the information taken down in writing under sub-section (1) or grounds .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-17-2003
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 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-16-2003
Reported in : AIR2004SC456; 2004(1)CTC241; JT2003(10)SC70; 2003(10)SCALE96; (2004)9SCC580
..... progress and development and so on. this cannot be equated with a usual law and order problem within a state. on the other hand, it is inter-state, inter-national or cross-border in character. fight against the overt and covert acts of terrorism is not a regular criminal justice ..... feeling of insecurity.9. terrorist acts are meant to destabilize the nation by challenging its sovereignty and integrity, to raze the constitutional principles that we hold dear, to create a psyche of fear and anarchism among common people, to tear apart the secular fabric, to overthrow democratically elected government, to promote prejudice and bigotry, to demoralize the security forces, to thwart the economic .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-27-2003
Reported in : AIR2004SC433; 2004(3)ALT6(SC); 2004CriLJ579; JT2003(9)SC603; 2003(10)SCALE325; (2004)1SCC475; 2004(1)LC222(SC)
..... it considered the custodial sentence undergone to be adequate.6. the law regulates social interests, arbitrates conflicting claims and demands. security of persons and property of the people is an essential function of the. state. it could be achieved through instrumentality of ..... conceive of at the hands of the accused-respondent. the libidinousness and the lustful design of the accused crossed all borders of indecency and he raped the victim in the presence of her husband, unmindful of the shattering mental trauma the latter ..... for which accused could be convicted is under section 354 indian penal code, 1860, dealing with the assault or criminal force to a woman with intent to outrage her modesty. additionally, it is submitted that the high court has given ..... if such minuscule sentence is awarded for such a grave offence, it would be giving premium to one most obnoxious acts punishable under the ipc. it is submitted that the sentence should be commensurate with the nature of the offence. in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-04-2003
Reported in : 2003(2)ALD(Cri)1038; JT2003(8)SC427; (2003)12SCC594; 2004(1)LC459(SC)
..... common intention to cause injuries to him. the fact that such common intention had developed then and there is clearly evident from the conduct of all the three appellants acting in concert in attacking him. they would not have intended to kill him but definitely intended to silence him by inflicting injuries. while the nature of injuries inflicted by ..... [1964]1scr678 the pre-arranged plan may also develop on the spot during the course of commission of offence, yet, the crucial requirement is that such plan must precede the act constituting the offence. therefore, it is settled law that although the common intention can develop on the spot, it should be the result of prior concert (vide ramashish yadav ..... incised wound of 2' x 1/8' on the back of chest, left, side, just near the medial border of left scapula.3. abrasion of 3' x 1/4' on the back of chest left side 1/2' from inferior border of left scapula.11. the injury no. 1 inflicted on the right thumb was serious in nature, according to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-10-2003
Reported in : AIR2003SC1216; 2003(4)ALLMR(SC)316; JT2003(3)SC86; 2003(3)SCALE124; (2003)5SCC669; [2003]2SCR852; 2003(2)LC1427(SC)
..... of rs. 17.60 per litre. on the bid being knocked in their favour, the respondents deposited 1/24th of the total amount payable by them, by way of security for the due performance of the terms of the auction, as required by condition 15(i) of the auction and rule 36(22-a) of the punjab liquor licence rules ..... if they were arrears of land revenue.143(1) the state government may make rules for the purpose of carrying out the provisions of this act or any other law for the time being in force relating to excise revenues.(2) in particular and without prejudice to the generality of the foregoing provisions, the state government may make rules,-(u) presuming ..... namely:-1. short title and commencement(i) these rules may be called the maharashtra civil services (revised pay) rules, 1998.(ii) they shall be deemed to have come into force on the 1st day of january, 1996'10. learned attorney general contended that the high court of bombay erred in not appreciating the true nature of the levy and recovery .....
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