Court : Karnataka
Decided on : Jan-30-2002
Reported in : 2002CriLJ1998; 2002(3)KarLJ280
ORDERR. Gururajan, J. 1. Petitioner, an investigative journalist is knocking the doors of this Court on the foundation of Article 21 of the Constitution of India by way of a bail petition under Section 439 of the Criminal Procedure Code on the following factual matrix.2. The petitioner was arrested by the Rampur police on 20-11-2001 in Crime No. 100 of 2001 for the offences punishable under Section 212 read with Section 34 of the Indian Penal Code. In the course of investigation a voluntary statement was obtained from the petitioner. In that statement he has stated that he would show the hidden explosives by Sri Veerappan and his associates in the year 2000 in the forest area and also the gun and bullets kept by one Ramesha, an associate of Sri Veerappan. On the basis of this statement, the Sub-Inspector of Police of Rampur police station along with panch witnesses accompanied the petitioner and they were taken to Konganakaduvu forest area.3. Petitioner showed the spot where the hidden...
Tag this Judgment!Court : Jharkhand
Decided on : Jan-29-2002
Reported in : 2002CriLJ2504
ORDERThe Court 1. Report has been filed by Shri Nilesh Kumar, Advocate in pursuance of the Court's order dated 23rd January, 2002. Alongwith the Report, Shri Nilesh Kumar has annexed a copy of the communication dated 22nd January, 2002, from the Medical Superintendent, RINPAS, Kanke, Ranchi, addressed to the Divisional Commissioner, South Chota-nagpur, Ranchi, enclosing also therewith a list of 48 Inmates of the Institution (RINPAS) and informing the Divisional Commissioner, South Chotanagpur, Ranchi. that these 48 persons are now mentally fit for being discharged from this Institution.2. This case was filed as Public Interest Matter after this Court received a Postcard from eight Inmates of RINPAS alleging that despite their having now been declared medically fit, they are being kept un-authorisedly and illegally in the aforesaid Lunatic Asylum and are not being discharged. Having treated the aforesaid Postcard as Public Interest Litigation (PIL) we requested Mr. Nilesh Kumar, Advocat...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Jan-28-2002
Reported in : (2002)(141)ELT471TriDel
1. The brief facts of the case are that on 19-9-97, the Customs Officers of Nautanwa intercepted two person from a Roadways bus at Moila. On enquiry they disclosed their identity as S/Shri Harishankar Raikwad and Ravi Kumar Verma both resident of Jhansi. Both the persons were brought to the Customs Office, Nautanwa and they defecated from their rectums 7 gold pieces each of foreign origin weighing 1633 grams.The gold was totally valued at Rs. 7,28,000/- and was of 24 carat purity. Shri Ravi Kumar Verma in his statement dated 19-7-97 stated that he had brought the said gold from Nepal and same was handed over to one Shri Kallu Kamaria alias Kailash Babu Agarwal who had given the dollars. He stated that he was involved in the smuggling of gold for the commission of Rs. 1,000/-. In a separate statement recorded from Shri Harishankar Raikwad, he confirmed the disclosures made by Shri Ravi Kumar Verma. Accordingly, the proceedings were initi-tated and all the three named persons were issue...
Tag this Judgment!Court : Delhi
Decided on : Jan-24-2002
Reported in : 2002IIIAD(Delhi)618; 2002CriLJ3393
Khan, J. 1. Petitioner complains that his daughter Bhagwati @ Lali was missing since 27.10.1999 and he suspected on Babu Afroz (R-6) to have taken her away. Though FIR No. 898/99 was registered under Section 363 but without any result. He now wants the investigation of this FIR to be handed over to CBI. 2. Counter filed on behalf of Respondents details out the steps taken by the police in the matter. It is submitted that accused Afroz was declared a proclaimed offender and a challan was presented against him which was pending. A raid was also conducted on one Zenual of Village Hasan Pur who had confirmed that Babu Afroz and Bhagwati @ Lali were living as husband and wife and working in Virat Nagar (Nepal) near Indo-Nepal Border. Efforts were on to locate the couple and to bring them to book. 3. In view of this, nothing survives in this petition which is dismissed. Respondents are, however, directed to take requisite follow-up action in the matter under law and to intimate the result to...
Tag this Judgment!Court : Rajasthan
Decided on : Jan-23-2002
Reported in : AIR2002Raj245; 2002(2)WLC495
Shiv Kumar Sharma, J.1. A university campus is the one place where virtues of discipline andnon-violence should be written as with a sunbeam on every student's mind but now a days many indisclplined students are seen wandering in the campus who are well qualified to adopt the words of KONARD LORENZ, the Nobel prize winning naturalist, 'I believe I have found the missing link between animals and civilized man -- it is we'. The facts of the instant writ petition disclose an act of high degree indiscipline of a student leader who allegedly gave a slap on the face of the Principal of his College.2. As per facts averred in the writ petition, the petitioner while studying as a regular student in Second Year, Faculty of Arts, in Rajasthan College Jaipur was elected as President of the Union in the year 2000-2001. As a student leader he protested various actions of the college authorities, and because of this they were annoyed with him. The Principal of Rajasthan College lodged an FIR against ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-23-2002
Reported in : 2002CriLJ3718
ORDERDipak Misra, J.1. The petitioners, namely, Sushil Kumar, s/o Shri Chand Mal and Sunil Kumar, s/o Shri Pal have approached this Court for issue of a writ of certiorari for quashment of the order dated 10-4-2001 passed by the Probation Board under Prisoners' Release on Probation Rules, 1964 (herenafter referred to as 'the Rules') refusing to release them on licence and the confirmation thereof by the State Government by order dated 25-4-2001.2. I may at the outset state that the present writ petition has been filed by giving details with regard to the concept of liberty, human rights, divinity that dwells in human heart, rights of freedom and such other rights that are put on a pedestal. There is prolific reference to the saving of Wallace Strews, Mahatma Gandhi, the father of the nation and some eminent Judges to build the foundation that the orders of rejection and confirmation thereof are sensitively suseptible and cannot stand scrutiny and deserve to be axed by this Court in exe...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Decided on : Jan-22-2002
Reported in : (2002)(142)ELT578Tri(Kol.)kata
1. These three appeals are taken up for disposal by this common Order as they arise out of a common impugned Order passed by the Commissioner (Appeals), Kolkata. Briefly stated the facts are that the assessees import completely pre-fumigated old and worn used clothing at a declared unit price of US $ 0.32 per kg. vide Bills of Entry filed. On the basis of an evidence of Bill of Entry No. 131242 in which the transaction value declared was US $ 1.05 per kg, the assessees were asked to explain as to why the unit price should not be enhanced to US $ 1.05 per kg. In reply, by a letter dated 26-6-01, the assessees submitted that similar goods were regularly being assessed at US $ 0.45 per kg and the same was accepted by all Customs Houses.2. The Commissioner (Appeals) after considering the matters found as follows :- "15. I have carefully gone through the records of the case, the grounds taken in the appeal petition and also the submissions made during the course of personal hearing. 16. Th...
Tag this Judgment!Court : Chhattisgarh
Decided on : Jan-18-2002
Reported in : 2002(2)MPHT7(CG)
..... -2001, passed by a.d.j., durg, whereby application for withdrawal of f.d.r. amount has been rejected.3. counsel for the applicants submits that the deceased was a nepali and he died in an accident and the claimants are widow and children. he further submits that the amount is needed for treatment of the child of the deceased, who .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-18-2002
Reported in : (2002)1CALLT302(HC),2002(2)CHN216
A. Talukdar, J.1. This is a Revlsional application which is directed against a Judgment and order dated 29.2.2000 passed by the learned additional Sessions Judge, 3rd Court. Mldnapore in connection with Sessions Trial Case No. 1/November 1998 corresponding to G.R Case No.900 of 1992 thereby recording an order of acquittal in favour of the accused/opposite parties in respect of charge framed against them under Sections 148, 307, 323, 324, 325, 427, 448. 436 and 149 of the Indian Penal Code.2. The order of acquittal has been sought to be assailed in this Revlsional application on behalf of the complainant/petitioner on the ground that the evidence on record was not properly assessed by learned trial Court and although the F.I.R. was lodged at 6.15 pm. where as the Incident took place at 2.00 p.m. on 01.6.1992 there was no scope of concoction and fabrication of the version and P.W.I who himself was a victim of the incident could not be disbelieved and in view of the fact that there was pr...
Tag this Judgment!Court : Gujarat
Decided on : Jan-16-2002
Reported in : (2002)4GLR3734
K.M. Mehta, J.1. D. Barot-petitioner herein has filed this petition for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or Order, quashing and setting aside the impugned Order of discharge dated 13-1-1999 passed by the Special Additional Police Officer, Rajkot discharging the petitioner from service. The petitioner further prayed that this Court may direct the respondent-State of Gujarat through the Secretary, Home Department and direct the Director General of Police, Gujarat State to reinstate the petitioner with consequential benefits and back wages. He further prayed that this Court may also quash and set aside the Order dated 1-10-1999 passed by the Special Police Officer, Rajkot rejecting the representation of the petitioner. The petitioner further prayed that this Court may also direct the respondents to treat the petitioner as having been confirmed in service on 14-6-1998 when his probation period was wrongly extended for six month...
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