Court : Mumbai
Reported in : 2001ALLMR(Cri)1549; (2001)3BOMLR479
..... s. act speaks about the power of entry, search, seizure and arrest without warrant or authorisation. it states that (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 ..... sample packets were in his personal custody. he has further deposed that the said room was locked and the keys were with him and that there was also adequate security maintained in the room. thus it is clear from the deposition of p.w.-6 that there was due compliance of section 52(3)(a) r/w section ..... the seals of the contraband.ms. p.h. kantharia/khokawala, the a.p.p., appearing for the state in criminal appeal no. 263 of 1996 submitted very forcefully that in the present case the evidence of the police personnel is corroborated by independent witnesses and assuming that there is a discrepancy here and a discrepancy there in .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)601; 2001BomCR(Cri)908; (2001)3BOMLR385; 2002(81)ECC33; 2001(2)MhLj615
..... act.section 42 reads thus :-'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 department of central excise, narcotics, customs, revenue, intelligence or any other department of the central government or of the border security force ..... offence and can seize any animal or conveyance or article liable to confiscation and can detain and search any person similarly. the empowered officer while acting under section 43 need not record any reasons of his belief. this section also does not mention anything about the empowered officer having prior information ..... j. felt that the following questions arose for determination for a larger bench :-'whether in respect of an offence under the narcotic drugs and psychotropic substances act, 1985, it is necessary for an empowered officer to comply with the provisions of section 42, when the information received by him is regarding the .....
Tag this Judgment!Court : Mumbai
Reported in : (2001)3BOMLR186; [2001(90)FLR967]; (2002)ILLJ186Bom
..... also mentioned in the order of termination that by letter dated 21.12.1991, the employee had admittedhis guilt. in the aforesaid circumstances, as reported by the security supervisor, the employee was terminated from employment on the ground of loss of confidence. the order was by way of discharge simplicitor. narrating the incident and the ..... proved before the labour court the basis on which they have lost confidence in the workman. according to me, the petitioner employer has acted on the basis of preponderence of probabilities which is the golden rule in the civil litigation. in these circumstances, i do not agree with the findings of the ..... or there was no enquiry held before the order of discharge simplicitor was passed or there was no compliance with section 25(f) of the i.d. act. the law requires the employer to justify his action of discharge simplicitor for loss of confidence before the adjudicating authority. in the present case, the petitioners have .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(2)BomCR61; (2001)2BOMLR57; 2001(2)MhLj795
..... agreement with the said judgment of the learned judge of the orissa high court. in our case, by consent the defendants had agreed to give their own flat as security in case, they fail to make payment of the decretal amount. the circumstances mentioned in the consent terms are clear enough that if the defendants fail to make ..... and nothing more. 10. i am not at all impressed by this submission as there is nothing on record to show that there were any compulsive circumstances or coercive forces which led the defendants to sign the consent terms. there is not even a whisper on record anywhere. it is to the contrary that the defendants have further ..... registration before it could be put for execution. if the parties by consent indicate or mention some immovable properties as security for the decretal amount, such a decree, according to me, would not require registration under section 17 of the act. shri mehta also cited a division bench of the madras high court in the case of m. pappu reddiar .....
Tag this Judgment!Court : Mumbai
Reported in : 2001ALLMR(Cri)1611; (2000)102BOMLR911
..... .s. act reads thus: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 ..... 42(2) that the legislative intent is that the officer recording the information in writing, received under section 42(1) of the n.d.p.s. act should forthwith send its copy to his immediate official superior. in our view, that imperative would not be discharged if orally that information is conveyed by him ..... two panchas, out of whom one viz. gulam farukee has been examined as p.w. 3 were called. they were informed about the information and were requested to act as panchas. they expressed their willingness. the officers and the said panchas took mutual searches. thereafter the vehicles in which they were to proceed, were also searched. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2000)(69)ECC109
..... specifically for the offences relating to smuggling for foreign currency and traveller cheques. the commissioner ordered confiscation of rs. 23 lakhs which was (sic) possession of wsfl as security amount as also the amounts which were in trans from ttc to them via banking channels. the amounts are claimed by wsfl as the legitimate dues from ttc. even ..... .4(b). m/s ttc was a partnership firm with two partners viz. riyaz retiwala and savio fernandes. in his various statements, riyaz retiwala stated that he had securities and fixed deposits totally amounting to rs. 55.5 lakhs with m/s wsfl for getting the asf tcs for sale. these deposits were in his personal name and ..... remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro privato commodo, and to add force and life to the cure and remedy according to the true intent of the makers of the act, pro bono publico.46. as i have brought out above, before the introduction of sections 120 and 121 the mischief .....
Tag this Judgment!Court : Mumbai
Reported in : 2000CriLJ1654
..... 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 ..... an offence punishable under chapter iv has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this act, any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under chapter iv relating to such ..... or authorisation'. admittedly and obviously as seen above this provision was made with a view to enable officers superior in ranks to peon, sepoy and constable to act without authorisation or warrant. even if those officers were not of the gazetted rank and sub-section 42(1) starts from 'any such officer may between sunrise .....
Tag this Judgment!Court : Mumbai
Reported in : (2000)102BOMLR614
..... peon. sepoy or constable in 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 ..... result of analysis is - heroin (diacetylmorphine) is detected in exhibit alongwith other opium alkaloids. the exhibit falls under section 2(xvi) of the n.d.p.s. act, 1985. the chemical analyser report is signed by m.p. kurhekar, assistant director, regional forensic science laboratory, state of maharashtra, nagpur -12,16. in the facts ..... described that heroin (diacetylmorphine) is detected in exhibit alongwith other opium alkaloids. the exhibit falls under section 2(xvi) of the n.d.p.s. act, 1985. the trial court ought to have been that the contraband found in possession of the appellant accused was manufactured drug and punishment for contravention of section .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR752
..... 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 police station for the investigation of the offences under the act. under sub-section (2) of section 53, the state government may ..... on information supplied byone tek chand dolwani to the additional custodian of evacueeproperty, the latter started proceedings under the bombay evacuees (administration of property] act, 1949 against one aboobaker.the additional custodian, after recording the statement ofaboobaker and examining the evidence produced by tek chanddolwani, held that the said ..... substances, to implement the provisions of the international conventions on narcotic drugs and psychotropic substances) andfor matters connected therewith'.under section 3 of the act, the central government has been given thepower to add to or omit from the list of psychotropic substances. section 4gives power to the .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)101BOMLR25
..... has been broken and the detaining authority ought to have refrained from issuing the impugned order of detention. the learned counsel further submitted that the sponsoring authority having secured the detenu with another, on 12.12.1996 itself, according to the statements and text of the currency with the preparation of relevant bundles on the days itself ..... the second ground, which mr. maqsood khan the learned counsel for the petitioner urged, we would like to point out at the out set that there is no force or merits in the same for the following reasons.in the writ petition itself in ground no. 3 page 6 it has been stated as hereunder:the petitioner says ..... india and smuggling the foreign currency in contravention of the relevant provision of the customs act and the fera act. the investigation in this case appears to have been almost over on 18.12.1996. most of the major activities of the sponsoring authorities in securing the major and vital materials were over on the same day. however, the .....
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