Court : Chennai
Reported in : 1994(73)ELT281(Mad)
..... warrants and authorisation for arrests, search and seizure.' section 42 of the n.d.p.s. act reads as follows :- 'power of entry, search, seizure and arrest without warrant or authorisation - (1 ..... so authorised under sub-section (2) shall have all the powers of an officer acting under sec. 42. this section empowers (in addition to the first class magistrate and specially empowered second class magistrate) the gazetted officers of the central excise, narcotics, drugs control, customs, revenue intelligence, border security force, revenue, excise, police or other departments of the central and state governments to issue .....
Tag this Judgment!Court : Chennai
Reported in : 1993CriLJ3342
..... .s. act reads as follows :- '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 as is ..... his body for anything he would do so in the presence of a magistrate or a responsible government official of a higher rank. babu and other police persons forced the petitioner to deliver him gold bracelet, gold diamond ring, gold chain and cash of about rs. 200/-. all these were taken by babu, the inspector of ..... bail. in case of inconsistency between section 439, cr.p.c. and section 37 of the ndps act, section 37 prevails. the provisions of s. 48 cr.p.c. also make it clear that when there is an enactment in force relating to the manner of investigation, enquiry of otherwise dealing with such offences, the other powers under .....
Tag this Judgment!Court : Chennai
Reported in : 1992CriLJ901; 1992(37)ECC105
..... central excise, narcotics, customs, revenue, intelligence or any other department of the central government or the border security force. learned counsel for the petitioner would contend that the search, seizure and arrest had been effectuated by the lady security officer at the airport, who is an officer in the cadre of a sub-inspector of police, ..... particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs or psychotropic substances in any proceedings under this act and make an application, to any magistrate for the purpose of - (a) certifying the correctness of the inventory so prepared, or (b) taking, in ..... the test report for determining the nature of the substance seized from the petitioner has not been obtained from the authority prescribed under the rules framed under the act, and therefore, it is, that the prosecution launched against the petitioner is liable to be quashed. 3. mr. p. rajamanickam, learned counsel appearing for .....
Tag this Judgment!Court : Chennai
Reported in : (1987)66CTR(Mad)252; [1987]167ITR443(Mad)
..... of 1982 was filed seeking appropriate directions to enable the department to proceed further in the matter, on the proceedings started under section 132 of the income-tax act. only after securing an order dated march 24, 1982, the search was conducted, and later on, a further order was passed on june 25, 1982 permitting the department to ..... are certain unaccounted properties which had escaped attention and that he may be permitted to make a search and seizure under section 132(1) of the income-tax act and secured an ex parte order on march 24, 1982. between april 5, 1982 and april 9, 1982 search was conducted and inventory taken by the department. petitioner ..... it was he who filed application no. 1133 of 1982 for permission to execute the warrant issued by the commissioner, and only after securing orders of this court, action could be taken under the act. these circumstances form the background for what had been done by him. 17. learned counsel appearing on his behalf would state that he .....
Tag this Judgment!Court : Chennai
Reported in : AIR1986Mad20
..... authority power to issue directions from time to time for the purpose of maintaining the supplies of paddy and rice, and for securing their equitable distribution and availability at fair prices to give effect to the provisions of the order and all dealers and persons were ..... very high and rice was being smuggled to kerala state because long stretch of land in tamil nadu was adjacent to the border of kerala and it was with a view to avoid the smuggling of rice into kerala that the quantity restriction was ..... judge sustained the validity of the direction given on 10-2-1981, because, according to the learned counsel, on the coming into force of the 1984 order, the direction given on 10-2-1981 must cease to be effective and, therefore, the government having ..... entitled to store for sale rice to the extent of 50 quintals. however, by the impugned direction the licensing authority purporting to act in exercise .of the power under cl. 14(2)(e) of the 1974 order, made an order fixing a ceiling of .....
Tag this Judgment!Court : Chennai
Reported in : (1986)1MLJ1
..... authority power to issue directions from time to time for the purpose of maintaining the supplies of paddy and rice, and for--securing their equitable distribution and availability at fair prices to give effect to the provisions of the order, and all dealers and persons ..... very high and rice was being smuggled to kerala state because long stretch of land in tamil nadu was adjacent to the border of kerala, and it was with a view to avoid the smuggling of rice into kerala that the quantity restriction was ..... sustained the validity of the direction given on 10.2.1981, because, according to the learned counsel, on the coming into force of the 1984 order, the direction given on 10.2.1981 must cease to be effective and therefore, the government having now ..... entitled to store for sale rice to the extent of 50 quintals. however, by the impugned direction the licensing authority purporting to act in exercise of the power under clause l4(2)(e) of the 1974 order, mad an order fixing a ceiling of 10 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1985Mad183
..... be sought later on at the time when the party is put in the witness box, if by mischance any of his witnesses have been already examined, without securing earlier permission. whenever permission is sought for, it is obligatory on the part of court to record reasons, by passing a written order, either granting or refusing ..... learned counsel for defendants, submits that, when rule 3-a of 0. xviii c.p.c. had been introduced under amending act 104 of 1976 to prevent this 'persistent notorious malpractice indulged in by litigants bordering dishonesty', the trial court had overlooked the intendment behind the rule and had light-heartedly dismissed the application. the claim made that ..... as pointed out by mr. s. gopalaratnam learned counsel for defendants, under s. 135 of evidence act, the order in which witnesses are produced or examined shall be regulated by the law and practice for the time in force relating to civil and criminal procedure respectively, and in the absence of any such law, by the .....
Tag this Judgment!Court : Chennai
Reported in : (1983)ILLJ84Mad
..... age of superannuation, with or without pensioner benefits. briefly stated the aforesaid fundamental rules embodies in vo. ii of the code create offices of stability and security which for all practical purposes are permanent posts. if so, the termination of services of such a servant can only be dismissal or removal, for he ..... like ours which teems with population, where the state, its agencies, its instrumentalities and the corporations are the biggest employers and where millions seek employment and security, to confine the applicability of the equity clauses of the constitution, in relation to matters of employment, strictly to direct employment under government is perhaps to ..... service if he is dismissed or discharged contrary to the service regulations.12. further, even if the service regulations have not got the force of law, the corporation is bound to act according to its own rules and standards by which it professes its action to be judged on the principle laid down by justice .....
Tag this Judgment!Court : Chennai
Reported in : 1984(15)ELT385(Mad)
..... , according to the detenu, he has stopped smuggling activities subsequent to the said incident and also because of the fact that sri lanka customs and police have tightened their security following a case of robbery in sri lanka in march, 1981. even though the statement given by the detenu during his apprehension on 29-7-1980 has not been ..... bail. this itself, according to the first respondent, shows that the detenu was fully in touch with his advocate. hence the allegation as if the statement was taken by force and coercion cannot be correct. it is further pointed out that it is pertinent to note that the detenu has not in any way controverted the penalty of rs. ..... possibility of a prosecution or the absence of it is not an absolute bar to an order of preventive detention; the authority may prosecute the offender for an isolated act or acts of an offence for violation of any criminal law, but if it is satisfied that the offender has a tendency to go on violating such laws, then there .....
Tag this Judgment!Court : Chennai
Reported in : AIR1983Mad21
..... judgment-debtors, while as regards others the decree is kept intact.'thus, even when s. 7 and s. 11 of the 1938 act contemplated the splitting up of a debt and the mortgage security for the purpose of giving relief to an agriculturist, the supreme court has taken the view that so far as the mortgagee decree ..... the tamil nadu agriculturists relief act, 1938, the tamil nadu pawn brokers act, 1943, the tamil nadu moneylenders act, 1957, the tamil nadu debt relief act, 1972, the tamil nadu indebted agriculturists (temporary relief) act, 1976, the tamil nadu indebted persons (temporary relief) act, 1976, or in any other law for the time being in force or in any contract or ..... other mortgagor who is not declared to be a debtor under the provisions of the 1976 act. the learned counsel refers to the proviso to section 4 (b) of the 1976 act as supporting his contention.7. there appears to be considerable force in the submission made by the learned counsel for the petitioner in this regard. it .....
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