Court : Gujarat
Reported in : (2005)2GLR1142
..... and to do patrolling etc. along with and under the supervision and direction of the border security force authorities and the hon'ble supreme court noticed that the duties of the permanent border wing home guards and part time border wing home guards are the same, and performed under the same situation and circumstances but there has been disparity in their emoluments and other facilities, necessities for performing their duties. in para 11 of the judgement the hon'ble supreme court has considered the entire scheme of the act, the voluntary nature and also the question of disengagement of certain periods .....
Tag this Judgment!Court : Gujarat
Reported in : 2007CriLJ1584; (2007)2GLR1165
..... recently transferred in our court as per the present roster. we have heard them together and are disposing of the same by this common judgment.7. short facts of the prosecution case are as under:1. the border security force ('bsf' for short) was keeping more vigil and watch in the months of may and june, 1999 in the open border area of kutch district, gujarat state, connecting pakistan border particularly in view of ongoing kargil war. on 1-6-1999, bsf khura checking party spotted foot prints of 6 persons near sayara village 1200 ..... wrote letter 17.08.1999 to general manager, currency note press. this witness granted sent letter dated 30.08.1999 for sanction to the home department and letter dated 24.08.1999 for granting sanction under arms act and explosives act.xli. p.w.41, dilipbhai shantilal mehta, police inspector, l.c.b., first i.o., ex.290. this witness wrote letters to fsl for examination of the muddamal and also to p.i., l.c.b .....
Tag this Judgment!Court : Gujarat
Reported in : 1990CriLJ1787; (1990)1GLR150
..... with the state government, may, by notification published in 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 department of drugs control, revenue or exercise or any class ..... the central government after consultation with 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 of the department of drugs control, revenue .....
Tag this Judgment!Court : Gujarat
Reported in : [2004(102)FLR461]; (2005)3GLR1941
..... same nature of duties and have been working for the same duration in the same conditions but one of them with and the other without the necessities of the job, facilities and benefits of the service.' the claim of bwhg for parity with bsf (border security force) personnel was rejected. but, there being no real distinction between the permanent bwhg and the part-time bwhg, the hon'ble supreme court upheld the decision of the high court. it is observed that, '...the high court has ..... from the corporation. she has submitted that if the members of the gram rakshak dal are held to be the employees of the corporation, the very purpose of gram rakshak dal would be defeated. such an action would be contrary to section 63b of the act of 1951. she has submitted that it is the district superintendent of police who is empowered to select, recruit and exercise disciplinary authority over the members of the gram rakshak dal. hence, the claim of the union to absorb the members of the gram dal in .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)4GLR781
..... consultation with the state government, may, by notification published in 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 department of drugs control, revenue or excise or any class ..... from the officer mentioned in sub-sec.(1) of sec. 41 of the said act. 28. so far as provision of sub-sec.(2) of sec. 41 of the said act is concerned, it has been mentioned therein that 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 general or special order by the central government, or any .....
Tag this Judgment!Court : Gujarat
Reported in : 1995CriLJ3751; (1996)1GLR219
..... 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, narcotic, 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, sepoy or constable) of the revenue, drugs, control, excise, police or any other department ..... , this judgment of the supreme court in the case of gopal krishnaji is not applicable in the facts and circumstances of the case.25. m. keshwani, learned counsel for the appellants, further contended that there is non-compliance of section 50 of ndps act. section 50 of ndps act reads as under:--'50. conditions under which search of persons shall be conducted:-- (1) when any officer duly authorised under section 42 is about to search any person under the provisions of section 41 .....
Tag this Judgment!Court : Gujarat
Reported in : (1990)2GLR947
..... relevant and applicable to the facts of the instant case.26. section 42, n.d.p.s. act provides for the power of entry, search, seizure and arrest without warrant or authorisation. 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 that behalf by general or special order by the central government, or any such officer ..... he conduct the search in violation of the relevant provisions contained in chapter v, nor the opium recovered been seized or secured in the manner provided for in the said chapter. it is also observed that:it hardly need be emphasised that if the power of the special or authorised police officer to deal with the offences under the act and therefore to investigate which essentially includes the power to arrest the suspected offender be not held exclusive to the officers .....
Tag this Judgment!Court : Gujarat
Reported in : 1991CriLJ1483; (1990)2GLR923
..... section 41, is, therefore, not relevant and applicable to the facts of the instant case.17. section 42, ndps act, provides for the power of entry, search, seizure and arrest without warrant or authorisation. 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 that behalf by general or special order by the central government, or any such officer ..... violation of the relevant provisions contained in chapter v nor the opium recovered (had?) been seized or secured in the manner provided for in the said chapter. it is also observed that :'it hardly need be emphasised that if the power of the special or authorised police officer to deal with the offences under the act and therefore, to investigate which essentially includes the power to arrest the suspected offender be not held exclusive to .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR676
..... taken by shri prakash mahendrabhai jadav [p.w.5] was without authority under the n.d.p.s. act. as per sub-section (2) of section 41 of the n.d.p.s. act 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 general or special order by the central government or any other departments including police department ..... of a state government as is empowered in this behalf by general or special order of the state government have powers of entry, search, seizure, detention and arrest without warrant between sun rise and sun set exercisable under said section 42(1) of the n.d.p.s. act. these powers are conferred under section .....
Tag this Judgment!Court : Gujarat
Reported in : 1998CriLJ2144; (1998)1GLR639
..... evidence of the commission of such offence is kept or concealed.(2) 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 general or special order by the central government or any such officer of the revenue, drugs control, excise, police or any other department of a state government as is empowered in this behalf by general ..... sub-section (2) shall have all the powers of an officer acting under section 42.42. power of entry, search, seizure and arrest without arrest 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 empowered in this behalf by general or special order by the central government .....
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