Court : Gujarat
Reported in : 1998CriLJ2144; (1998)1GLR639
..... 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 ..... 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 ..... and submitted his report, stating that the brown powder contained in the sachet showed the presence of diacetyl morphine and the substance was covered under the ndps act. on receipt of the said report, mr. barot filed a complaint against the two accused before the learned chief metropolitan magistrate, who, after .....
Tag this Judgment!Court : Gujarat
Reported in : 1989CriLJ765; (1988)2GLR1404
..... 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 ..... state government to 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 purposes of investigating the offences under the act. same is the position with sub-section (2) which empowers the state government to invest any officer .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)1GLR137
..... such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or 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 ..... the learned sessions judge convicted the accused (appellant herein) of the offences punishable under section 20(b)(2) of the narcotic drugs and psychotropic substances act, (`ndps act' for short), and sentenced to undergo rigorous imprisonment for a period of 12 years with fine of rs. 100000, in default to undergo rigorous ..... in our considered opinion, this case would be an eye-opener for the investigating agencies concerned with the investigations of drug and narcotic substances under the ndps act. we hereby draw the attention of all the investigating agencies, police authorities as well as other authorities (customs, as well as narcotic control bureau .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)3GLR2074
..... kept or concealed. section 41(2) empowers certain gazetted officers of central excise, narcotic, customs, revenue, intelligence etc. of the central government or the border security force, or any such officer of the revenue, excise, police, during control or other departments of the state governments empowered by the general or special orders in ..... proceed to action, is totally different. they are the source of power of authorization. the gazetted rank officers enjoy special position and privileges under the act. they need not be equated to officers taking action without authorization or warrants. the requirement of sending information to superior officers under sub-section (2) ..... , conveyance or place whether by day or night. this authorization by the gazetted officer similarly is also mandatory as otherwise, the subordinate officer will be acting without powers. section 42 is not confined to gazetted officer of the department, but to other officers not being a sepoy, peon or constable who .....
Tag this Judgment!Court : Gujarat
Reported in : 2004(97)ECC40
..... officer acting under section 42. 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 ..... premises. in that view of the matter, the investigating police officer was not required to follow the procedure laid down under sections 41 and 42 of the said act. 14. learned advocate for the appellants has also contended that the information received by mr barot was not reduced into writing and, therefore, the provisions of ..... arguing, that the provisions of sections 41 and 42 have not been complied with. he has taken us through provisions of section 41 and 42 of the said act. it would be relevant to refer to the said two provisions which are reproduced below for ready reference: '41. power to issue warrant and authorisation(1) a .....
Tag this Judgment!Court : Gujarat
Reported in : 1989CriLJ460; (1988)2GLR1028
..... 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, ..... narcotic drugs and psychotropic substances act, 1985 which reads as under:section 53(i):the central government, after 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 ..... inquiry' is different from that of an 'investigation' under the code. the official status and powers of an officer of the force in the matter of inquiry under the 1966 act differ in material aspects from those of a police officer conducting an investigation under the code. particularly, he has no power to .....
Tag this Judgment!Court : Gujarat
Reported in : 2003CriLJ356; (2002)3GLR794
..... recovery of the contraband psychotropic substance. under section 53 of the n.d.p.s. act there is power with the central govt. to invest any officer of the department of the central excise, narcotic, customs, revenue intelligence or border security force or any other department of the central gov with the powers of an officer in ..... charge of a police station for the investigation of the offences under the act. the learned judge has referred to the notifications produced by the prosecution at ..... 23, wherein he has deposed that 'on recording the statement of gulam nurmamad theim, he felt that the offence attracts the provisions of n.d.p.s. act', therefore, he had asked the customs inspector mr. chauhan to arrest gulam nurmamad theim. he has further deposed that said customs inspector mr. chauhan prepared arrest .....
Tag this Judgment!Court : Gujarat
Reported in : 2002CriLJ2264; (2002)1GLR509
..... 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, ..... possession of which he fails to account satisfactorily'. having regard to the grave consequences that may entail the possession of illicit articles under the n.d.p.s. act, namely, the shifting of the onus to the accused and the severe punishment to which he becomes liable, the legislature has enacted the safeguard contained in section 50 ..... used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under chapter iv relating to .....
Tag this Judgment!Court : Gujarat
Reported in : 2003(86)ECC325; (2002)3GLR252
..... 42 of the n.d.p.s. act reads as under :-'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 ..... any manufactured drug or any preparation containing any manufactured drug. the word 'manufactured drug' is defined in clause xi of section 2 of the n.d.p.s. act. it reads as follows :-'(xi) 'manufactured drug' means :-(a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate;(b) any other narcotic ..... the authorities cited by mr. mankad are not applicable to this case. particularly, when apex court has specifically held that the provisions of section 50 of the act implicitly make it imperative and obligatory and cast a duty on the investigating officer (empowered officer) to ensure that search of the person (suspect) concerned is .....
Tag this Judgment!Court : Gujarat
Reported in : 2003CriLJ585
..... 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 ..... banaskantha, at palanpur, in sessions case no. 142 of 1996, by which the appellant is convicted under section 18 of the narcotic drugs and psychotropic substances act, 1985 (`ndps act' for short) and punished with imprisonment for 10 years and a fine of rs. 1 lac (rupees one lac only), in default to undergo imprisonment ..... 1996 was registered in agthala police station. on completion of the investigation, the accused-appellant was chargesheeted for the offence punishable under section 18 of the ndps act in the court of the additional sessions judge, banaskantha, at palanpur.3. the learned judge had framed charge at exh.4 against the appellant for the .....
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