Court : Orissa
Reported in : 100(2005)CLT142
..... any manner prejudicial to the maintenance of public order, it is necessary to make the following order.now, therefore, in exercise of powers conferred by sub-section (2) of section 3 of the national security act, 1980, i do hereby direct that the said logen kumar samal @ bhalu, who is now in intermediate judicial custody in circle jail, berhampur vide bada ..... magistrate, ganjam have been directed in government of orissa, home department order no. 6654/c., dt. 15.12.2003 to exercise the powers conferred by sub-section (2) of section 3 of the national security act, 1980.whereas i am satisfied that with a view to preventing sri logen kumar samal @ bhalu, aged 26 years, s/o late satyananda samal of ..... the detenu was involved in crimes since attaining the age of 18 along with relations dharanidhar samal and raju mohanty who were involved in cases under the arms and explosive substances act and people started fearing the detenu due to hurling of bombs in the city. he was detained under the n.s.a .....
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT553; 2005(II)OLR15
..... acquittal dated 23.1.1986 passed by the learned sub-divisional judicial magistrate, balasore acquitting the accused persons from the charges under sections 323/325/225/34 read with section 447, ipc and section 5 of the indian explosives act.2. the main thrust of the argument of the learned addl. government advocate is that the learned trial court has wrongly ..... living behind the scooter. police arrived and seized remnants of the scattered bomb and the scooter. accused sadiq in police custody made a statement giving to discovery of explosive powder from a store room of accused lokman alli which was kept inside his premises. the defence case was complete denial.4. the prosecution examined six witnesses in ..... is sk. batul mohammad, who was injured, while p.w. 4 is sk. kutab mohammad, son of p.w. 3 and p.w. 5 is the expert of explosive substance and p.w. 6 is the officer-in-charge, who took up investigation.5. on consideration of the evidence of p.w. 3, the learned magistrate having found .....
Tag this Judgment!Court : Orissa
Reported in : 99(2005)CLT405; 2005(I)OLR273; [2005]141STC103(Orissa)
..... iv and was not liable to differential tax thereon under the fifth proviso to section 5(1) of the act. thereafter, the assistant commissioner of sales tax, sundargarh range, rourkela (assessment) initiated proceedings for reassessment under section 12(8) of the act for indian explosives limited v. the asst. commr. of sales tax the year 2000-2001 but ..... subsequently dropped the said proceedings under section 12(8) of the act. instead, a show cause notice under section 23(4)(a) of the act read with rule 80 of the rules ..... /ct., dated. 14.1.2004suo-motu revision case no. su-3/2003-2004show-cause notice under section 23(4)(a) of the o.s.t. act, 1947 read with rule 80 of the orissa sales tax rules, 1947.tom/s. indian explosives limited,plot no, 77, industrial estate,kalunga, dist: sundargarh.sub : initiation of sou motu revision .....
Tag this Judgment!Court : Orissa
Reported in : 2004(I)OLR561
..... in the above two case and was allowed bail in madhupatna p.s. case no. 130 of 2003, i.e., for the offences under sections 286 i.p.c./9 (b) of i.e. act/5 of the explosive substance act. however, the bail application filed in madhupatna p. s. case no. 296 of 2002 in which the petitioner was implicated in the offence ..... under sections 147/148/336/337/338/427/435/436/307/294/506/323/324/149 i.p.c./25/27 arms act/7 crl.l.a. act was rejected. it is ..... in further antisocial activities prejudicial to the maintenance of public order. so with a view to preventing the petitioner from acting in any manner prejudicial to the maintenance of public order, the order of detention under sub-section (2) of section 3 of the act was passed against him. 4. mr. mohapatra, learned counsel for the petitioner, argued that there was no cogent .....
Tag this Judgment!Court : Orissa
Reported in : 2004(I)OLR465
..... and a feeling of terror prevailed in the area and in this connection, chauliaganj p.s. case no. 76 dated 26.5.2003 under sections 286 i.p.c. and section 9(b) of the indian explosives act was registered. the case was till then under investigation. 5. some days thereafter, on 20.7.2003 at about 10.30 p.m. ..... the maintenance of public order, it is necessary to make the following orders. now therefore, in exercise of the powers conferred upon me by sub-section (2) of section 3 of the national security act, 1980, i do hereby direct that the said shri titua alias anirudha sethi, son of udayanath alias aswini kumar sethi of chauliaganj talasahi, p.s ..... , cuttack, have been empowered in government of orissa, home department order no. 2926/c dated 16.6.2003 to exercise the powers conferred by sub-section (2) of section-3 of the national security act, 1980. and whereas, i am aware that shri titua alias anirudha sethi, aged about 23 years, son of udayanath alias aswini kumar sethi of chauliaganj .....
Tag this Judgment!Court : Orissa
Reported in : 2004CriLJ1143; 2004(I)OLR164
..... he sustained severe bleeding injuries. accordingly, aska p.s. case no. 83 dated 24-5-2001 under sections 148/341/307/294/506/149, ipc and under sections 3 and 4 of the explosive substances act was registered against the petitioner and his associates and in that case the police after usual investigation submitted a ..... to represent your case against the order of detention to the state government/central government/advisory board duly constituted by the state government under section 8 of national security act, 1980 and also to claim personal appearance before the said board.'5. upon communication of the aforesaid grounds, the petitioner made representations before ..... of detention was issued by the district magistrate. the order of detention as issued by the district magistrate under the provisions of sub-section (2) of section 3 of the national security act reads as under :'orderwhereas i, shri sanjeeb kumar mishra, i.a.s., district magistrate, ganjam have been directed in government of .....
Tag this Judgment!Court : Orissa
Reported in : 2004(I)OLR70
..... including the appellant were arrested who faced their trial for alleged commission of offences under sections 457/398/216-a of indian and penal code besides section 9-b(b) of the indian explosive substances act and section 27 of the indian arms act. the learned trial court found all the accused persons not guilty of the offences under ..... sections 457/395/216-a of ipc and also section 9-b(b) of the indian explosive substance act and section 27 of the indian arms act and acquitted ..... them of the said charges. however, the trial court found the appellant guilty under section 412 ipc and convicted and sentenced him .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT108
..... counsel for the petitioners points out that on 23.4.2002 learned sessions judge passed order under section 228, cr.p.c. and framed charge for the offences punishable under sections 148/452/307/294/302/324/326/146, ipc and sections 3 and 4 of explosive substances act, but on 1.7.2002 he recalled that order because the charge was framed without affording ..... charge, yet if no other case is fixed for trial at chhatrapur circuit which is at present available with the learned sessions judge, then he may hear the parties under section 228, cr.p.c. at the headquarters but recording of evidence should be taken up at chhatrapur by him if learned sessions judge decides to take up the trial of ..... orderp.k. tripathy, j.1. heard argument from learned counsel for both the parties and this application under section 482, read with section 407, cr.p.c. is disposed of at the stage of admission on consent of both the parties.2. petitioners are the accused persons in sessions case no. 163 of .....
Tag this Judgment!Court : Orissa
Reported in : 2002(II)OLR36
..... law. so far as the offence under the indian explosives act is concerned, it is alleged that the petitioner committed the offence under section 9-b of the act. section 9(b) of the indian explosives act, 1884 prescribes that whoever in contravention of rules made under section 5 or of the conditions of a licence granted ..... under the said rules, possesses, uses, sells or transports any explosive shall be punishable. the word 'explosive' has been defined in sub-section (d) of section 4 of the act, which runs as follows :'explosive ..... seized. pursuant to such-seizure, the aforesaid g. r. case was registered for commission of offence under section 9-b of the indian explosives act as well as under sections 25/27 of the arms act. on 5.5.1997 when the matter was taken up for framing of charge, an application was filed .....
Tag this Judgment!Court : Orissa
Reported in : 93(2002)CLT550
..... ipc and sentenced to undergo rigorous imprisonment for three years; and accused persons nos. 1, 2 and 11 have also been convicted under section 9-b of the indian explosive act and sentenced to undergo rigorous imprisonment for six months. the substantive sentences of imprisonment have been directed to run concurrently.other ten accused persons in the trial have been acquitted ..... convicting the thirteen appellants (hereinafter referred to as 'the accused persons') under sections 302/149/148/326 of the indian penal code (hereinafter referred to as 'ipc') and under section 9-b of the indian explosive act and sentencing accused persons nos. 1 and 2 to undergo imprisonment for life under section 302 ipc and the other eleven accused persons to undergo imprisonment for life .....
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