Court : Mumbai
Decided on : Apr-27-2001
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
Decided on : Mar-09-2001
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
Decided on : May-04-2001
Reported in : 2001ALLMR(Cri)1776
..... 32) was dictated by him and that respondent no. 1 was compelled to, scribe the same by use of force and by administering threats.6. the statement of respondent no. 1 (exhibit 32) is a detailed statement made under section 67 of the act. in the said statement, respondent no. 1 has stated that she had come to india in 1986 for ..... blunt object. thus, the medical report supported the contention of respondent nos. 1 and 2 that the statements said to have been scribed by them were obtained by use of force by the n.c.b. officers.18. we have perused exhibit 74 (colly.). two statements were recorded by the court on 18th september 1992. in his statement, respondent no. ..... 75 do not lead to the conclusion reached by the trial court and on the basis of these two exhibits. it cannot possibly be held that respondent no. 1 was forced to write her statement under threat, and that the statements written by her were not voluntary statements.20. in view of the above discussion, the findings recorded by the .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-06-2001
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
Decided on : May-08-2001
Reported in : 2001BomCR(Cri)761a; (2001)2BOMLR875a
..... in all walks of life and eroding people's faith in a democratic governance; secured under the constitution of india to its people justice, liberty and equality. time and again it is seen that persons in the corridors of power abuse rather than ..... with the contention that the offence with which the accused has been booked is not serious as contended by learned advocate lawande. i do not find much force in this contention and the submission is without sound basis. corruption, bribery, horse trading have become the order of the day corroding the fabric of society ..... attempt to tamper with the prosecution evidence or witnesses. as observed earlier, the complaint is simpliciter for an offence under section 12 of the prevention of corruption act, and in that connection, necessary evidence has already been recorded by the investigating agency. merely because co-accused is absconding, is not a sufficient ground to refuse .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-21-2001
Reported in : 2002(1)ALLMR1; 2002(3)BomCR219
..... mistakes, must face the consequences. these two professors are not before us nor are we disclosing their names from the point of view of confidentiality and their security. however, we have perused the report made by the director of medical education and research to the state government which records that they have accepted their mistakes. ..... mr. sethia, learned counsel appearing for some of the students, who are admitted for the physiotherapy course in a college in district wardha, submitted that they were border-line students. similar was the submission of mr. trivedi who appeared for a student who is admitted in homoeopathy. for both these types of situation, however, as ..... as follows :-'10a. permission for establishment of new medical college, new course of study, etc.- (1) notwithstanding any thing contained in this act or any other law for the time being in force.-(a) no person shall establish a medical college: or(b) no medical college shall -(i) open a new or higher course of study or .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-28-2001
Reported in : 2002(1)BomCR419
..... derogation of, the provisions of any other law for the time being in force.' 41. in exercise of powers conferred by section 30 of the sebi act, the board with the previous approval of the central government, framed regulations, viz., securities and exchange board of india (substantial acquisition of shares and takeovers) regulations, ..... contravention of any of the provisions of the securities and exchange board of india act, 1992 (15 of 1992), or regulations made thereunder or the sick industrial companies (special provisions) act, 1985 (1 of 1986), or any other law for the time being in force, within two months from the date of transfer ..... 1994. these regulations came into force with effect from 4-11-1994. under regulation 2(f)), ' .....
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