Court : Supreme Court of India
Reported in : JT2008(10)SC77; 2008(12)SCALE167; 2008AIRSCW6431; 2008(5)LH(SC)3345
..... as well as to the state government or any officer specifically authorized in that behalf by the central or the state government to take temporary possession of any telegraph established, maintained or worked by any person, licensed under the act, provided there is an occurrence of any public emergency or there is ..... also rendering of any assistance whether financial or otherwise, to the organised crime syndicate. clause (d) of sub-section (1) defines the expression 'continuing unlawful activity' to mean an activity prohibited by law for the time being in force, which is a cognizable offence punishable with imprisonment of three years of ..... and discussed hereinbefore. in addition under section 16 of the mcoca, provision for prohibiting and punishing the unauthorized user of information acquired by interception of wire, electronic or oral communication has been made. thus as the act under challenge contains sufficient safeguards and also satisfies the aforementioned mandate the contention of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1985CriLJ1930
..... and investigation was taken up. on investigation and verification the accused was found in the possession of telephone wires and such wire is not available in the local market. thereupon the accused was chargesheeted for the offence under section 5 of the telegraph wires (unlawful possession) act, (hereinafter referred to as 'the act'). on the basis of the evidence ..... adduced by the prosecution, the learned magistrate arrived at the finding that the accused was in unlawful possession of the wire, that such wire belongs to the telephone department and as such the accused is guilty of unlawful possession of telegraphic wire. as against ..... orderrama rao, j.1. the petitioner accused is convicted under section 5 of the telegraph wires (unlawful possession) act, 1950 and sentenced to suffer r.i. for two years and on appeal confirmed by the sessions court.2. the station house .....
Tag this Judgment!Court : Allahabad
Reported in : 1976CriLJ479
..... and consequently the learned magistrate had no power to take cognizance of the offence and hence the conviction of the accused under sections 3 and 6 of the telegraph wires (unlawful possession) act, 1950, was without jurisdiction.this decision to my mind is of no assistance to the applicant. it was a case where it was conceded by ..... court had been convicted by the trial magistrate for offences punishable under section 379, i.p.c. and sections 5 and 6 of the telegraph wires (unlawful possession) act, 1950 hereinafter referred to as the telegraph act, and sentenced to varying terms of imprisonment and fine. in appeal the convictions and sentences were upheld by the appellate court. in ..... note in the air manual. in any case the facts of that case re clearly distinguishable from the one before me. section 7(1) of the telegraph wires act prohibits the court from taking cognizance of an offence except on a complaint filed by an authority duly authorised. it was for the prosecution to establish .....
Tag this Judgment!Court : Kolkata
Reported in : 1968CriLJ816
..... the entire prosecution would become null and void under the prevention of food adulteration act, 1954, but the position is not the same under the telegraph wires (unlawful possession) act, 1950. the authorization enjoined under section 7 need not accompany the complaint and it will be sufficient it can be proved that the officer ..... 22, 1955 (vol. cxvi no. 29 of 1955) showing that in exercise of the powers conferred by sub-section (1) of section 7 of the telegraph wires (unlawful possession) act, 1950, the central government duly empowered several officers as mentioned in the column below and that includes the circle inspector of police, kandi circle. mr. ..... an order dated the 3rd november, 1965, passed by shri s. niyogi, magistrate 1st class, kandi, convicting the present :petitioner under section 5 of the telegraph wires (unlawful possession) act, 1950 and sentencing him to suffer rigorous imprisonment for one year. the caroused lal bibi, who is the wife of the present petitioner, did .....
Tag this Judgment!Court : Allahabad
Reported in : 1973CriLJ6
..... a minor offence. but there is vet another difficulty in our way. the difficulty is that while mere possession is punishable under the telegraph wire (unlawful possession) act dishonest possession alone is punishable under section 379/411 of the indian penal code. a person may in good faith have purchased an article which ..... which is provided by law for that offence. an offence under section 379/411 is punishable by three years' rigorous imprisonment while an offence under the telegraph wire (unlawful possession) act is punishable by five years' rigorous imprisonment. in that sense the offence under section 379/411 of the indian penal code would certainly be ..... punishable under the said act.6. as the last report counsel for the state has submitted that even if the offence is not proved under the telegraph wire (unlawful possession) act yet the accused-applicant can be convicted for the minor offence under section 379/411 of the indian penal code. counsel for the accused .....
Tag this Judgment!Court : Kolkata
Reported in : 1978CriLJ842
..... ipc was registered at the said police station. on completion of investigation the police submitted a charge sheet against the petitioners on 12-11-74 under section 5 of the telegraph wires (unlawful possession) act, lxxiv of 1950 (hereinafter the act), on receipt of the charge sheet the sub-divisional judicial magistrate, alipore took cognizance and transferred the case to the file of another ..... basis of an information lodged by an assistant controller, telegraph stores. hastings on 28-7-73 at the wargunge police station alleging, inter alia, that on 24-7-73 the accused petitioners were apprehended from a timber godown at 12a, orphan-gunge road and were found in possession of 33 bundles of copper wire, a case under sections 380/411/120b of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1959Ori177; 1959CriLJ1351
..... under section 5 of the act should be considered graver than a mere offence of theft.11. while therefore maintaining the conviction of the petitioner under section 5 of the telegraph wires (unlawful possession) act 195.0 i would enhance the sentence passed on the petitioner to six months' rigorous imprisonment. the sentence of fine of rs. 500/- (five hundred only) passed by the ..... to work effectively, especially in the states of bengal, bihar orissa and mysore, and consequently parliament amended the act by the telegraph wires unlawful possession amendment act, 1953 which came into force on 30-9-1953. in this act the definition of 'telegraph wires' was slightly widened but that is not material for our purpose. the main change introduced was the insertion of a new section .....
Tag this Judgment!Court : Orissa
Reported in : AIR1965Ori123; 1965CriLJ746
..... the accused. the state government has filed the appeal against the order of acquittal.2. the charge under section 5 of the telegraph wires (unlawful possession) act, 1950 is not tenable. section 7(1) lays down that:'no court shall take cognizance of any offence punishable under this act, save ..... 819/411, i. p. c. and under section 5 of the telegraph wires (unlawful possession) act, 1950 (act lxxiv of 1950) and have been acquitted. prosecution case is that in the night of 24-11-1961 copper wires measuring 91.44 metres were found missing from the telegraph line in between raikia and lokibadi. on information, the houses of ..... property, the better presumption would be that he was a receiver of the stolen property. the copper wires used in telegraph lines found in possession of the respondents are unusual articles. the respondent gave no satisfactory explanation of their possession but merely denied recovery from their custody. the legitimate inference is that they received the stolen property .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All241; 1969CriLJ590
..... police, is not quite correct. the superintendent of police undoubtedly had the authority to make a complaint of an offence committed within the meaning of the telegraph wires (unlawful possession act), but then he had to file the complaint on his own initiative. it may be that before filing the complaint, the superintendent of police ..... the complaint itself had been filed by the superintendent of police, who was an officer authorised to make such a complaint under section 7 of the telegraph wires (unlawful possession) act, 1950. this being so, according to the learned sessions judge, the complaint could not be said to be tainted with any infirmity and consequently ..... submit a charge-sheet. such a charge-sheet was subsequently submitted and on the basis of that charge-sheet a complaint under section 7 of the telegraph wires (unlawful possession) act was made by the superintendent of police against the petitioners. that complaint was first filed in the court of sri jai dayal, learned magistrate .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1963All486; 1963CriLJ366
..... started several months thereafter, in my opinion, therefore, there was a valid complaint in each of the three cases as required by section 7 of the telegraph wires (unlawful possession) act and the learned magistrate's opinion to the contrary is wrong. he came to the conclusion that the prosecution was bad for want of proper ..... of the cases, i am of opinion that the conclusion reached by the learned magistrate is unsupportable and his judgments must be set aside. section 7 ofthe telegraph wire (unlawful possession) act reads: '7(1) no court shall take cognizance of any offence punishable under this act, save on complaint made by or under the authority of ..... been filed against mangrey. the three respondents were prosecuted and tried separately before the additional sub-divisional magistrate sitapur on a charge under section 5 telegraph wires (unlawful possession) act, the charge against maiku respondent in criminal appeal no. 311 of 1962 was that on 25th june, 1959 at about 2 p.m., he .....
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