Court : Mumbai
Decided on : Apr-19-1974
Reported in : (1974)76BOMLR788
..... rightly says that whenever the expression 'prohibition' is used, then it must be understood in its widest sense. 15. the customs act, 1962 was amended by introducing chapter iv-b in 1969. the chapter was inserted in the act by act no. 12 of 1969 with effect from 3-1-1969. we are concerned with section, and l in the present case. ..... be fifty kilometres in width from the coast of india falling within the territory of the state of maharashtra as a specified area for the purposes of chapter iv-b of the customs act, 1962 (as amended). it is said that the accused jointly and severally had failed to intimate to the customs authorities the place of storage of ..... passed in 1962. remains in the original form. chapter 1v-b was inserted in the act by the amendment in 1969. but then the prohibition mentioned in will be referable to various other prohibitions before the amendment of 1969. 28. even in r. m. d. chambarbaugwala v. the union of india : [1957]1scr930 while dealing with the rule of construction .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-19-1974
Reported in : 1975CriLJ1891
..... mr. porus mehta. he submitted that the word 'enquiry' in section 8 of the r. p. u. p. act cannot be equated with investigation under chapter xiy of the code of criminal procedure having regard to the provisions of the r. p. f. act. 1957 which require the railway protection force officers making arrests to hand over the persons arrested to the police officers ..... .18. he argued that the word used in section 8 of the r. p. u. p. act was 'enquiry' : and having regard to the general scheme and the provisions contained in r. p. u. p. act and the act. 1957, it was in substance an investigation under chapter 14 of the criminal procedure code and it would be jeopardising the liberties of citizens if the statements recorded .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-17-1974
Reported in : (1977)79BOMLR16
..... to the issuance of an initiatory order are not dispensable. on the other hand these are the pre-requisites or sine qua non for instituting proceedings under chapter 12 of the code. these requirements of law contained in the first sub-section as to the satisfaction on the question of existence of an apprehension of ..... to the procedings, by itself. section 537, cr.p.c. provides that subject to the provisions contained in the act, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed or altered under chapter xxvii or on appeal or revision on account of any error, omission or irregularity in the complaint, summons, warrant, ..... the endorsement discloses. mr. dikshit submitted that if it were examination, there should have been the examination-in-chief as required under the provisions of the evidence act. he submitted that there should have been on the record, what he stated on oath. if the applicant in ex parte application were to merely repeat what he .....
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