Court : Punjab and Haryana
Reported in : 2001CriLJ3715
..... handed over to si sho hardev singh. it was further alleged that by keeping aforesaid substances in his possession the accused appellant had committed offence under section 25 of the arms act and sections 4/5 of the explosive act. on the basis of the aforesaid ruqa, exhibit po, formal fir exhibit po/1 was recorded in ps sri hargobindpuron the same day i.e ..... learned magistrate committed the case to the court of session as the offence under sections 4/5 of the explosive substances acl was exclusively triable by the sessions court. the learned additional sessions judge, gurdaspur, initially framed the charges under section 25 of (he arms act and under section 4 of the explosive act against accused appellant major singh on 7.8.1997, but later on the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2000CriLJ3393
..... , i.p.c. of ps city abohar. according to the petitioner the allegations in the fir do not constitute the offence under section 6a/9b of the explosives act and also under section 286, i.p.c. the accusation against the petitioner as can be seen from the averments in the fir is that the petitioner kept articles of fire works ..... in large quantity without licence. under section 4(1) of the act, explosives include the fire works also. section 5 authorises the central government to make rules ..... disclosed in the f.i.r. mentioning of a wrong section is no ground for quashing the f.i.r. one has to look into the contents and the averments of the fir to find out whether the averments made therein constitute any offence under any provisions of the explosive act or under any other law. in this view of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1999LC181(P& H)
..... by the learned counsel for the respondent that the counsel for the petitioner is confusing the issue. there is no bar in launching the proceedings under section 3 of the pitndps act irrespective of the fact that the petitioner was being prosecuted for the alleged recovery and possession of 50 kilograms of heroin allegedly found by the customs ..... sugarcane fields of ajaib singh son of surjit singh he found two plastic bags lying in the fields but he did not touch the bags fearing possibility of explosive and had not seen any person placing the said two bags in the fields. he further stated that he met shri surjit singh father of ajaib singh and ..... answered positive for morphine (heroin). in her statements dated 11.2.1997, 13.2.1997 and 14.2.1997 tendered before the superintendent customs, amritsar under section 108 of the customs act, 1962. smt. manjit kaur admitted the recovery of 50 packets of brown powder and white granules in the manner stated above from her house. she disclosed .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2001]103CompCas369(P& H); (1998)119PLR843
..... and the settlement arrived at with the two institutions will be treated as withdrawn andcancelled and possession would be taken on october 7, 1996, under section 29 of the act without making any further reference in that regard.the petitioner, instead of making payment, as asked for, wrote to therespondents, vide letter dated october ..... 1994, was executed. the petitioner has averred that after taking necessary permission, the petitioner moved an application to the chief controller of the department of explosives for manufacture of lpg cylinders. it also approached bharti registration service (patent and trade mark attorneys) for search of trade marks and logo for the purposes ..... appearing on behalf of the petitioner has contended that the action of the hfc in taking over the unit in exercise of the powers under section 29 of the act is arbitrary, unreasonable and colourable exercise of the power. it is contended that the respondents by their conduct and representation made the petitioner to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1999)123PLR392
..... filed by the respondent no. 1 against the letter dated 27.10.1995 requiring it to submit clu-1 form along documents was not maintainable under section 10 of the act and the respondent no. 2 did not have the jurisdiction to entertain and decide the appeal filed by the respondent no. 1. unfortunately, the respondent ..... development rules, 1965. (ii) that the proposed site is situated on dadri-loharu schedule road where the permission for storage of petroleum product which is highly explosive in nature is not considered appropriate from traffic point of view. (iii) that 3698.8 square mtrs. area of the site falls within 30 mtrs. restricted ..... permission for the construction can be considered as per the scheduled roads and controlled areas restriction of unregulated development act, 1963. (iv) that the proposal of setting up of storage of petroleum products in highly inflammable/explosive in nature for which n.o.c. from ministry of environment and forest, government of india, under their .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1998P& H94; (1997)117PLR239
..... has been averred that the site has been approved in accordance with the petroleum laws and laws relating to the explosives. no rules, were violated. the provisions of the indian explosives act and the explosive substances act are not applicable in the present case. various allegations made by the petitioners have been controverted.5. a written statement ..... averred that the petitioners could have sought remedy before the central government or the pollution board which could have proceeded to initiate action under section 19 of the environment (protection) act, 1986 if it was established that the petrol pump was causing pollution. the allegations on merits have been controverted.6. the petitioners have ..... case. curiously, the petitioners claim that persons living in houses constructed in an area of 250 sq. yard to 1000 square yards belong to the weaker section of the society. in a country, where a majority of the, people do not have a roof to protect themselves from the vagaries of weather, the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)117PLR75
..... involved the cutting of the pipes as per the demand of the customers, and that causes annoyance, and is thus squarely covered under section 123 of the punjab municipal act, which, among other provisions, makes a provision for inclusion of any trade involving offensive or unwholesome smell. in support of that argument ..... depot for trade in unslaked lime hay, straw, thatching grass, wood, charcoal or coal, or other dangerously inflammable material;as a store-house for any explosive or for petroleum or any inflammable oil or spirit;except under a licence from the committee which shall be renewable annually:provided.................................................................... (2)xxxxxxxxxx (3) ..... process which involves pollution of air or pollution by noise, or which otherwise would be dangerous for the reason that it was inflammable or explosive. the question here would be whether a trade involving the sale of sanitary fittings including pipes, would be such a trade which would squarely fall .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1998CriLJ258
..... aggarwal, j. 1. petitioners along with others are being tried by the sessions judge, chandigarh with respect to offences punishable under sections 120-b/302/307, i.p.c. read with sections 3 and 4 of the explosive substances act. on 27-2-1997 one surinder sharma was being examined by the prosecution as a witness. it is alleged that during ..... order within the meaning of article 134(1)(c). the criminal proceedings, said the court, are the proceedings against the respondents for an offence under section 6(1) of the prevention of corruption act, 1947. they were still pending before the special judge. in the course of those proceedings the respondents applied for the production of the document ..... was held that the order in revision passed by the high court (at that time there was no bar like section 397(2)) was not a 'final order' within the meaning of section 205(1) of the government of india act, 1935. it is to 'be noticed that the test laid down therein was that it the objection of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)116PLR725
..... .'7. a perusal of clause (s) makes it clear that the state government may prohibit the storage of petroleum, explosives, spirit or other inflamable material. all the items mentioned in section 128 have, however, not been mentioned in clause (s) of section 200 of the act. clause (y) of section 200 empowers the state government to generally provide for carrying out the purposes of the ..... shall -(a) to (r) * * * *(s) prohibit the storage of more than a fixed quantity of any explosive, petroleum, neptha, or other inflammable material in any building not registered or licenced under section 128;(t) to (x) *****(y) generally provide for carrying out the purposes of this act.provided that the state government may of its own or on a representation from a committee .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)116PLR415
..... shown that the persons carrying on such trade are also dealing in any inflammable material or explosives. it is thus obvious that allopathic medicines and drugs are not covered by sub-section (1) of section 121 of the act.6. the respondents have, however, pleaded that the petitioners were selling drugs and medicines, ..... merchandise, petty karyana etc.9. since the business in medicines and drugs does not fall within the ambit and purview of sub-section (1) of section 121 of the act, the notification dated 19.7.1982 is liable to be quashed partly and to the extent it has been made applicable to chemists ..... act came into force, but the owner or occupier of the brick-fields so excepted shall register the same in a book to be kept by the committee for the purpose.(2) * * * * * * * * * *(3) * * * * * * * * * *(4) * * * * * * * * * *(5) * * * * * * * * * *4. the mention of the various articles specified in the aforesaid sub-section (1) makes it clear that dangerously inflammable material, explosive .....
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