Court : Chennai
Reported in : AIR1940Mad284
orderlakshmana rao, j.1. the definition of 'explosive' in section 4, explosives act, is wide enough to include electric sparklets and the exemption of 'toy fireworks' was removed by the amendment of the rules in 1917. the conviction is therefore correct but in view of the order of forfeiture, the fine is excessive. it is therefore reduced to rs. 25 and the excess of fine if levied will be refunded-otherwise this petition is dismissed.
Tag this Judgment!Court : Mumbai
Reported in : AIR1943Bom194; (1943)45BOMLR316
..... kt., c.j. 1. this is an application under section 491 of the criminal procedure code, that is to say, an application in the nature of habeas corpus.2. the applicant was arrested on december 14, 1942, the suggested charge against him being one under the explosive' substances act, and he was remanded in police custody on december 15 for ..... preferred against government in the matter.4. the suggestion in this case was that as the detenue had originally been arrested for an offence under the explosive substances act, government were really detaining him under the defence of india rules with a view to preventing him from enjoying such rights as an accused person possesses ..... the case of persons accused of offences, to allow them proper facilities for preparing their defence, and if government decide to proceed with the charge; under the explosive substances act, then they will follow that practice' in this case. but, in the case of persons detained under rule 26, it is not, i understand, the .....
Tag this Judgment!Court : Kolkata
Reported in : (1911)ILR38Cal202
..... of it for assar 1316 was published a poem 'esho ma palli rani' which contains an incitement to murder or to an offence under the explosive substances act, 1908, or an act of violence. the legality of the order of forfeiture has been questioned before me upon three grounds, namely, first, that the pallichitra is now ..... to the offences mentioned in section 3, sub-section (1) of act vii of 1908, the legislature might appropriately have ..... idea of rousing to action, instigation or stimulation, and as the act expressly states, the incitement must be to murder or to an offence under the explosive substances act or to an act of violence. if the use of seditious language, sufficient to bring a case under section 124a of the indian penal code, was equivalent to an incitement .....
Tag this Judgment!Court : Kolkata
Reported in : 7Ind.Cas.641
..... it for assar, 1316, was published a poem 'esho ma palli rani', which contains an incitement to murder, or to an-offence under the explosive substances act, 1908, or an act of violence. the legality of the order of forfeiture has been questioned before me upon three grounds, namely, first, that the pallichitra is not a ..... to the offences mentioned in section 3 sub-section (1) of act vii of 1908, the legislature might appropriately have ..... idea of rousing to action, instigation and stipulation; and as the act expressly states, the incitement must be to murder or to an offence under the explosive substances act, or to an act of violence. if the use of seditious language, sufficient to bring a case under section 124a of the indian penal code, was equivalent to an incitement .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1943Cal285
..... , 457, 458, 469{?),460,504,505, 506 and 507; (b) any offence under the explosive substances act, 1908 (6 of 1908); (o) any offence under the arms act, 1878 (11 of 1878); (d) any offence under the police (incitement to disaffection) act, 1922 (22 of 1922); (e) any offence under section 3, penalties (enhancement) ordinance, 1942 (ordinance no. 3 of 1942); (f) any offence under ..... , 457, 458, 459, 460, 504, 505, 506 and 507; (b) any offence under the explosive substances act, 1908 (6 of 1908); (o) any offence under the arms act, 1878 (11 of 1878); (d) any offence under the police (incitement to disaffection) act, 1922 (22 of 1922); (e) any offence under section 3, penalties (enhancement) ordinance, 1942 (ordinance no. 3 of 1942); (f) any offence under .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1927Cal721
..... .4. there is no much difference between consent and sanction, the absence of either of them being a bar to the initiation of prosecutions under the acts. section 7, explosive substances act, provides that consent to the prosecution should be obtained before the court proceeds with the trial of the accused. the idea underlying ..... a cognizable offence is the institution of criminal proceedings within the meaning of section 211, i.p.c.3. in a sister piece of legislation, that is, the explosive substanee3 act, a similar sanction is provided for by section 7 of act 6 of 1908. section 7 of that act runs as follows:no court shall proceed to the trial of any person ..... for an offence against this act except with the consent o the local government or governor-general in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All277
..... have it under his control. it must be remembered that under these sections of the explosive substances act and arms act, mere possession of incriminating articles constitutes serious criminal offences and there must be in my view mens rea or guilty knowledge before a person ..... assumption that a man possesses everything in the house which he possesses. in my view, however, possession and control required to constitute offences under the explosive substances act and arms act, must mean conscious possession and actual control. a man must know of the existence of something before he can be said to control it or ..... applicant is the head of the family is not sufficient for a finding that sughar singh must have been in possession or control of these articles.7. section 19, arms act, is: 'whoever commits any of the following offences, namely. .......(f) has in his possession or under his control any arms, ammunition or military stores .....
Tag this Judgment!Court : Kolkata
Reported in : (1909)ILR36Cal166
sharfuddin and coxe, jj.1. the petitioners in these cases are accused of offences under the new explosives act, 1908. the offences which they are alleged to have committed are non-bailable. they were arrested on warrants and after arrest were produced before the magistrate, who committed them ..... bail on behalf of persons accused of offences of the gravity indicated in the papers before us. nor are we prepared to admit that, in exercising our discretion under section 498 of the criminal procedure code, we should confine our attention to the question whether the prisoner is or is not likely to abscond, as other circumstances may also affect the ..... of investigation goes, bear some analogy to the present case, which appears to be based to some extent on evidence of association, the period is usually far greater. under section 167 of the criminal procedure code a magistrate, on the mere perusal of the entries in the police diaries relating to the case, to which of course the accused have no right .....
Tag this Judgment!Court : Kolkata
Reported in : 1Ind.Cas.738
1. the petitioners in these cases are accused of offences under the new explosives act, 1908. the offences which they are alleged to have committed are non-bailable. they were arrested on warrants and after arrest were produced before the magistrate, who committed them to ..... for bail on behalf of persons accused of offences of the gravity indicated in the papers before us. nor are we prepared to admit that, in exercising our discretion under section 498 of the criminal procedure code, we should confine our attention to the question whether the prisoner is or is not likely to abscond, as other circumstances may also affect the question ..... of investigation goes, bear some analogy to the present case, which appears to be based to some extent on evidence of association, the period is usually far greater. under section 167 of the criminal procedure code a magistrate, on the mere perusal of the entries in the police diaries relating to the case, to which of course the accused have no right .....
Tag this Judgment!Court : Chennai
Reported in : (1931)61MLJ854
..... he or they were in actual possession of the things recovered whether they be stolen property under the penal code or arms under the arms act or bombs under the explosive substances act or opium under the opium act. possession implies both animus or knowledge and control [amrita lal hazra v. emperor (1915) i.l.r. 42 c. 957.] where the facts proved leave ..... orderkrishnan pandalai, j.1. the petitioners, husband and wife, were convicted under the opium act (i of 1878) of illicit possession of 17 tolas of opium. the evidence against them was that at a search conducted by the excise assistant inspector assisted by the local .....
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