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 : 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 : 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 : 1997(3)ALLMR58; [1997(75)FLR869]; (1997)IILLJ195Bom
..... : (1994)illj136sc . the relevant facts from the said case for our purpose are to this effect. in august, 1979, however, the 1st respondent company lost border security force contract, and d.c.iv air-craft operations contract for lifting perishable cargo and in may 1981, it lost flying operations contract given by igro. the workload was ..... were ending before the conciliation officer or a board prior to 1982 or after 1982, is practically the same except that after the amending act of 1982 came into force, if the complaint is made about the contravention of section 33, the conciliation officer can take into account such complaint in mediating in, ..... january, 1981, the respondent installed photo composing machine, thereby introducing a new technique of without giving a notice under section 9a of the industrial disputes act, 1947 ('i.d. act', for short). the respondent completely switched over their work of composing of newspaper on photo composing machine in october, 1981. on november 4, 1981, .....
Tag this Judgment!Court : Mumbai
Reported in : (1995)97BOMLR398
..... powers of an officer acting under section 42, section 42 of the act provides that 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 deposition that prior to the accused being searched on the way on the same day before the accused was searched.24. perhaps there is some force in the contention of the learned counsel for the appellant when he points out the contradictions and inconsistencies. we do not propose to record any positive ..... analysis as under:-heroin (diacetyl morphine) hydrochloride is detected in the exhibit.it falls under section 2(xvi) of narcotic drug and defected in psychotropic substances act 1985.on 31st december, 1993 the chemical analyser submitted his report. ultimately the learned special judge framed the charge against the accused on 17th february, 1994 .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(4)BomCR524; (1996)98BOMLR148; 1997CriLJ513
..... ndps act reads thus :- section 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 ..... to accept that countersigning of the fir by pi chaugule pw 6 would satisfy the requirements enjoined by section 42(1) r/w. section 42(2) of ndps act. we accordingly, repel this submission of mr. nalawade also. 13. mr. nalawade, finally contended that inasmuch as the immediate superior official of psi khangte, pi ..... but, to reject the submission of mr. nalawade. 14. since on account of non-compliance of the mandatory provisions contained in section 42(2) of the ndps act, trial of the appellant is vitiated, this alone in our view, is sufficient to allow this appeal. consequently, we are not examining the many other submissions .....
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 : 2008ACJ305
..... is available in the paperbook at page 34. even on going through para 7 of the judgment, claimants pleaded the deceased to be a head constable, radio operator attached to border security force and salary seems to be the only source of income. although it was pleaded that total emoluments of the deceased were rs. 7,977 per month, salary certificate produced spoke ..... . considering the fact that the gross salary income is taken as basis, and if the multiplier as available from the second schedule under section 163-a of the motor vehicles act, 1988, is taken as it is, we find no room to consider enhancement of compensation, or payment of any further amount.5. we, therefore, find no merits in the appeal .....
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 .....
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