Court : Orissa
Reported in : 93(2002)CLT330; 2002CriLJ2896; 2002(I)OLR319
..... p.w. 4 has stated that while he was investigating a case being baidyanathpur p.s. case no. 113/92 under sections 147, 148, 307 and 149, i.p.c. and section 9(b) of explosive act, he received an information about possession of the weapons of offence by the accused-petitioners, but no record has been produced before ..... circumstances placed by prosecution. mr. mohanty, learned addl. govt. advocate has highlighted that the prosecution case shall squarely come within the purview of sub-section (2) of section 27 of the arms act. therefore, the punishment ought to have been more than 7 years or some times it may go upto imprisonment for life. i am afraid, such ..... p.w. 4 does not appear to be credible, believable and trustworthy.8. accordingly, the conviction and sentence passed by both the courts below under section 27 of the arms act are hereby set aside and the accused-petitioners are acquitted. the bail bond, if any, furnished by the petitioner be treated as cancelled.the revisional application .....
Tag this Judgment!Court : Orissa
Reported in : 2002CriLJ871; 2002(I)OLR344
..... prosecution case so far as the allegation that appellant-bharat fired two shots from his revolver and found him not guilty of the charges under sections 25 and 27 of the indian arms act. however, believing the statements of p.w. 1 and p.w.4 and other witnesses as well as the evidence on record, found ..... that in course of preparation of bombs by the deceased, there was an explosion which resulted, in the death and that all the ..... investigation commenced. the investigating officer arrested the accused persons and after completion of investigation, submitted charge sheet under section 302/34, i.p.c. against all the accused persons. in addition under sections 25 and 27 of the indian arms act against accused-appellant bharat mallik.3. the plea taken by the defence is complete denial. it was stated .....
Tag this Judgment!Court : Orissa
Reported in : 2002(I)OLR276
..... into the bank. on completion of investigation, charge sheet being filed, the trial court framed charge for the offence punishable under section 395, i.p.c., section 25 of the indian arms act and section 9b of the explosive act and took up the trial.3. to substantiate the charge, prosecution examined as many as 12 witnesses. out of them p. ..... in law. learned counsel ofor the state, referring to ext. 18, argued that sanction was accorded by the district magistrate for prosecution of the appellants under section 25 of the arms act. it appears from paragraph- 1g of the impugned judgment that the trial court accepted ext. 18 as the order of sanction to record the conviction against ..... on due verification of facts and law and communicate the same in proper manner.13. be that as it may, in this case sanction as required under section 39 of the act has not been made by the district magistrate. ext. 18 even if admitted as evidence without objection, does not substitute to the order of sanction of .....
Tag this Judgment!Court : Orissa
Reported in : 2001(I)OLR586
..... trade) rules, 1962 were referred to by the counsel for the parties in course of hearing, we may also indicate the same at this stage. under sub-section (1) of section 3 of the said act, no person other than (a) the government; (b) an officer of the government authorised in that behalf: or (c) an agent in respect of the unit in ..... , 1992 (87) stc 196 and decisions of the patna high court in d.r. garg and company v. the state of bihar, 1986 (63) s.t.c. 183 and indian explosives limited v. state of bihar, 1993 (89) s.t.c. 417 contended that the transaction in question is out and out an inter-state trade. shri s. d. das, learned ..... v. state of bihar (1993) 89 s.t.c. 417.in this case, the dealer entered into contract for sale of explosives through its head office at calcutta with customers in west bengal. the explosives were supplied from the dealer's factory at gomia in the state of bihar. the question fell for consideration before the patna high court was whether the .....
Tag this Judgment!Court : Orissa
Reported in : 90(2000)CLT17; 2000CriLJ2684; 2000(I)OLR680
..... of them to undergo rigorous imprisonment for seven years on each count and directing the sentences to run concurrently. the appellants have been acquitted of the charge under section 9b of the indian explosives act.2. prosecution case runs as follows :the informant (p.w.1) and his family members had slept in their house in village bishnupur bindha under bhadrak ..... committed in s.t.no. 5/5 of 1996 not guilty and acquitted them of the charge. the six appellants were also acquitted of the charge under section 9b of the indian explosives act.3. the defence plea is one of denial and some of the accused persons pleaded to have been falsely implicated in the case by the informant due ..... one khageswar pakala who have not been examined in this case. the medical officer p.w. 5 medically examined appellant no. 5 goutam jena who had been injured due to explosion of crackers and found on his person an injury inflicted by hard and blunt object. the medical officer (p.w. 6) sent the memo. (ext. 5) to the .....
Tag this Judgment!Court : Orissa
Reported in : (2000)IIILLJ1386Ori
..... . a few hours thereafter due to leakage of petrol from the tanker, there was explosion which caused injuries to several persons. applications for compensation on account of no fault liability as envisaged under section 92-a of the motor vehicles act, 1939, had been filed and compensation had been granted. the owner of the petrol ..... the owner for the purpose of maintenance of the vehicle, that is to say, for effecting repair of the vehicle. thus, even though under section 147 of the motor vehicles act, liability was not required to be covered, the insurance company had undertaken wider liability by accepting additional premium under the comprehensive policy, (ext. a ..... as ext. a. a perusal of the document indicates that the insurer had undertaken wider liability than what was required to be covered under section 147 of the motor vehicles act. it appears from ext. a that the insurer had received additional premium for covering legal liability to person employed in connection with operation .....
Tag this Judgment!Court : Orissa
Reported in : 2000CriLJ3277
..... petitioners have filed this application under section 482, criminal procedure code (in short, 'the code') with the prayer to quash the order of cognizance dated ..... for the offences under sections 147, 148, 341, 323, 427, 380, 386, 337/149, ipc read with section 9(b) of the i.e. act pending in the court of j.m.f.c. banpur. in that case, cognizance of the offences under sections 147, 148, 323, 336, 337, 427/149, ipc and section 9(b) of the indian explosives act has been taken. ..... and ram lal (1999 cri lj 1342 (sc)(supra) the apex court have consistently upheld the position of law that in view of the provision in sub-section (9) of section 320 of the code direction for compounding of the offences which are not compoundable is not permissible under law. in that respect the previous judgments of the apex court .....
Tag this Judgment!Court : Orissa
Reported in : 89(2000)CLT355; 2000CriLJ2517; 2000(I)OLR166
..... the month of march, 1999. it is alleged that on 7. 3. 1999 with the patronage of the petitioner some antisocials committed offence under section 302, ipc read with section 9 of the explosives act and the petitioner had been taken to custody in connection with the said case on 16. 3. 1 999 and the order of detention was ..... the petitioner calls in question the order of detention passed against him by opposite party no. 2 in exercise of powers conferred under sub-section (2) of section 3 of the national security act, 1980 ('the act', for short)..2. the case of the petitioner is that he had been arrested by the sundargarh town police in connection with sundargarh town ..... custody. while he was in custody, the impugned order of detention dated 27. 3. 1999 was served on him. the grounds of detention as required under section 8(1) of the act were communicated to the petitioner by letter dated 31. 3. 1999 and the said grounds of detention are the subject matter of annexure-2. the petitioner .....
Tag this Judgment!Court : Orissa
Reported in : AIR2000Ori70
..... zones and time period for use of loudspeaker and display of explosive fire works within the permissible time and also provides that permission for the same has to be obtained for its use within the restricted ..... loudspeaker (regulation) act, 1958 (in short 'loudspeaker act') as amended in 1993. this act has been enacted for the purpose of regulating display of explosive fire works and use of loudspeaker from the date of the enactment. the act has been made applicable to the municipalities and the notified areas under the orissa municipal act, 1950 (in short 'municipal act'). section 3 of the said act prescribes the restricted .....
Tag this Judgment!Court : Orissa
Reported in : [2000]118STC475(Orissa)
..... consignment agents throughout the country for marketing its products who have got approved magazines duly licensed under the explosives act and held the explosives in their magazines on behalf of idl as the property of the idl. explosives are transferred in bulk quantity from rourkela to the consignments agents supported by a delivery order and gate pass ..... the assistant commissioner of sales tax while holding that the despatches made by the assessee to the consignment agents were branch transfers coming under section 6a of the central act set aside the assessments for these years with a direction to contact the office of the coal india limited at calcutta in order to ..... cases under consideration.2. the assessment years involved are 1976-77, 1977-78 to 1983-84 and 1990-91. while disposing of the appeals filed under section 23 of the act, the orissa sales tax tribunal (in short, 'the tribunal') upheld the orders passed by the assistant commissioner of sales tax, sundargarh range, whereby the .....
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