Court : Rajasthan
Reported in : 1988(1)WLN501
..... central excise, narcotics customs, revenue intelligence or any other department of the central government or the border security force is to have to be empowered by the central government by a general or special order, under section 42 of the drugs act. so is the provision in the case of officer of the state government. however, these officers ..... act which run as under42. 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 the central excise, narcotics customs, revenue intelligence or any other department of the central government or of the border security force ..... there in, and such a sort of reservation in the wisdom of legislature was necessary because, after coming into force of the drugs act, a case where the person is accused of a crime under the drugs act, where the legislature provides a sentence of ten years with a fine of rupees one lac, it is .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995(3)WLC217; 1995(1)WLN519
..... pakistan to india, a police party led by shri d.s, dinkar, asp, with the assistance of border security force (b.s.f.) on 17.1.89 at about 11.20 pm, six persons, who were coming from pakistan border side and carrying bags, were snapped near the canal end. they were challenged by the police and ..... confessional statement of co-accused. i respectfully agree with this dictum of law but as mentioned earlier, besides the confessional statements recorded under section 67 of the act, there is sufficient independent evidence against the petitioner, which is corroborated by the statements of co-accused persons. hence, the facts of this case are clearly ..... sessions judgej sriganganagar in aforementioned special case 'stale v. hardayat singh & others', whereby he has framed charge for the offences under sections 8/25 and 29, ndps act (in short, 'the act') against petitioner mohd. nasir s/o mohd, hussain r/o karachi (a pak national), under section 8/29 against petitioner ahsan khan alias baba and under .....
Tag this Judgment!Court : Rajasthan
Reported in : 1988CriLJ266; 1987(2)WLN209
..... the petitioner talib khan in connection with his special aptitude and involvement in smuggling. there is also allegation that the petitioner was caught by the border security force while sending bottles containing wine to pakistan. there are also allegations against him that he gave shelter or harboured pak smugglers. similarly, some of ..... must strive to give to those concepts a narrower construction than what the literall words suggest. while construing law of preventive detention like the national security act, care must be taken to restrict their application to as few situations as possible. indeed, that can well be the unstated premise for upholding ..... of supplying the grounds of detention to the detenus in local or rajasthan language.4. one interesting feature in all these cases is that the national security act, 1980, was enacted for the reason that at the relevant time, there were prevailing situations of communal disharmony, social tensions, extremist activities, industrial unrest .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN868
..... act, section 42 of the act reads as under:section 42-power of entry, search, seizure and arrest without warrant of authorisation-(i) any such officer (being on 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 central government or of the border security force ..... superior.15. the above provision authorises the officers of the department of central excise narcotics, customs, revenue intelligence or any other department of the central or border security force as is empowered in this behalf by special order by the central government and these officers should be officers superior in rank to a peon, sepoy or ..... articles seized to the concerned police inspectors or s.h.o. of the police station concerned.16. earlier to it notification dated november 14, 1985 was in force which is s.o. 822-e which reads as under:s.o. 822-e-in exercise of powers conferred by sub-section (1) of section 42 .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj530; 2002(3)WLC586; 2002(5)WLN3
..... whether a commandant (selection grade) can be considered as holding a rank higher than that of a commandant for the purposes of rule 9 of the border security force (seniority, promotion and superannuation of officers) rules 1978. the question arose whether a person holding the post of commandant (selection grade) would retire on ..... allowances.(3) the salary shall be paid without deductions of and kind except those authorised by the rules made under this act or by any other law for the time being in force.rule 34 of the rulespay and allowance- the scales of pay and allowance of the staff of the aided educational institutions ..... respondents, who are the working/retired teachers of the petitioner educational institutions, had approached the non government educational institutions tribunal under section 21 of the act for redressal of their grievances regarding grant of selection scale and benefit of leave encashment. the tribunal allowed their applications which resulted in filing of these .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj893
..... act of 1955 which reads as under:section 42: power of entry, search, seizure arid arrest without warrant of authorisation-(i) any such officer (being on 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 central government or of the border security force ..... (d)....6. the above provision authorises the departments of central excise, narcotics, customs, revenue intelligence or any other department of central government or of the border security force as is empowered in this behalf by general or special order by the central government and these officers should be superior in rank to a peon, sepoy ..... 400 gms. is alleged to have been recovered from his possession on the day when the notification dated 16th october, 1986 was not in force and whereby the police officers of the state government were not authorised to arrest the accused and seize the contraband articles from his possession. it .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995(1)WLC48; 1994(2)WLN74
..... his judgment and decree dated 11.2.1988, decided all the aforesaid appeals by a common judgment, by which the appeals filed by the state of rajasthan and border security force (appellant) were dismissed, whereas the appeal filed by the claimants was allowed. being aggrieved with the said judgment, the appellant has filed this special appeal under ..... dismissed. their next objection is that against the order passed by learned civil judge, on an application of reference, only one appeal under section 54 of the act is provided to this court. the appeal filed by the appellant against the order of learned civil judge, jodhpur, has already been dismissed by learned single judge, ..... proforma respondent. the claimants-respondents no. 4 and 5 filed caveat and challenged the maintainability of the special appeal on the ground that section 54 of the act provides only one appeal to this court and as such the special appeal submitted by the appellant is not maintainable. this court vide its order dated 16. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1989(2)WLN310
..... said to have smuggled from pakistan, under section 110 of the central customs act and during the course of enquiry in that matter, one ahmed s/o shahmurad khan had been examined and the ..... was examined under section 108 of the central customs act and in that statement, he had stated that according to his information, the detenu and one other person was found moving about on camel back near the place from which the recovery had been made;(iii) that again on 2/3-10-1987, border security force (bsf) had recovered 1158 kg. of charas ..... the disclosure of which, in the opinion of such authority is not in public interest. the same is the position under section 8(1) & (2) of the national security act. in this connection, it may be stated that on the one hand, there is the fear that the disclosure of certain facts may not be in the public interest on .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(2)WLC408; 2001(2)WLN620
..... , 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 ..... is not, therefore, conclusive.(11). in order to properly appreciate the contentions raised, in this connection, it would be batter, if the provisions of the ndps act recurring in the arguments, mentioned above, are noted, in extenso:'37. offence to be cognizable am) non-bailable (1) notwithstanding anything contained in the code ..... narcotic drugs and psychotropic substances.(7). the minimum prescribed punishment for trafficing in opium is 10 years ligorous imprisonment. since the punishments provided by the act are stringent, enough provisions have also been made to protect the fundamental rights of the citizens, the provisions have been made to protect individual from .....
Tag this Judgment!Court : Rajasthan
Reported in : 1983WLN(UC)396
..... . this revision by the union of india and the commandant, 15th, border security force, is directed against the order of the learned civil judge, barmer, dated 17-9-82, by which he has rejected the reference made by the collector under section 18 of the rajasthan land acquisition act (hereinafter called 'the act'), as barred by time.2. i have heard the learned counsel for ..... of the making of the award. this is a finding of fact and is not open to challenge in the revision.8. for the reasons stated above, there is no force in this revision and it is hereby summarily rejected.
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