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The first limb of the contention was that the order setting aside the acquittal of the appellant for the offence of consuming liquor and directing retrial of the appellant for that offence was improper, since it was not competent to the High Court in appeal to set aside the order of acquittal and direct retrial, unless it found that the acquittal was wrong. Government Central Press, Gandhinagar. Having considered the rival contentions, being the first offence after Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court.
We must, therefore, quash that gujqrat of the order of the High Court which set aside the acquittal of the appellant for the offence of consuming liquor and remand’ the case to the High Court for disposing of the appeal against the acquittal of the appellant on merits.
The State Government may by rules or by an order in writing, authorise an officer to grant licences to any person, or institution whether under the management of Government or not, for the manufacture, sale, purchase, possession, consumption, or use of any intoxicant or hemp or any article containing an intoxicant or hemp for a bona fide medicinal, scientific, industrial or educational purpose:.
The order directing trial of the appellant and the other accused for the offence of possession of liquor must, therefore, be maintained, but we think it would be desirable if this trial is taken up after the disposal of appeal by the High Court in regard to the acquittal of the appellant for the offence of consuming liquor.
Provided that the officer so authorized is satisfied that the use of such liquor is required in accordance with the religious tenets of the community to which such person belongs. Every warrant issued under this section shall be executed in the manner provided for the execution of search warrants under the Code of Criminal Procedure, V of Central Information Commission 4. The question is not whether a participant in a drinking party can place himself in possession of liquor by stretching his hand and taking it but whether he is actually in possession of it.
In summary case Nos. Whoever is found drunk or drinking in a common drinking house or is found there present for the purpose of drinking shall, on conviction, be punished with fine which may extend to five hundred rupees. It is the case of the prosecution that a secrete information was received by Mr.
For removal of doubts it is hereby declared that nothing in this Act shall be deemed to apply to any intoxicant or other article in respect of its import or export across the customs frontiers. Amended by 19949 21 of Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgement of the court such imprisonment shall not be less than three months and fine shall not be less than five hundred rupees].
Other Laws & Acts
All officers and persons empowered to exercise any powers or to perform any functions under this Act shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code XLV of In a departure from past practice in dealing with politically sensitive issues in BJP states, President Pratibha Patil gave her assent to the Madhya Pradesh Prohibition of Cow Slaughter amendment Bill meant to raise the quantum of punishment for offenders and shift the burden to prove innocence to accused.
SRO, dated the 22nd Marchor such other distance as may be fixed from time to time by the President hereafter;]. Board For Industrial Financial Reconstruction. MEDICAL BOARDS l The 10 [State] Government may constitute one or more medical boards 11 [or panels thereof] for such areas and consisting of such members as it may deem fit; 2 A medical board 12 [or a panel thereof] so constituted shall perform such functions 13 [as are prescribed]; 3 The procedure regarding the work of the medical board 14 [or a panel thereof] shall be as may be prescribed.
In the principal Act, in section 65, the proviso shall be deleted. The following Act of the Gujarat Legislature, having been assented to by the Governor on the 16 ,h September, is hereby published for general information.
Which has not been submitted to any manipulations other than those necessary for packing and transport:. Rahul Gandhi listed as ‘non-Hindu’.
The gujarat prohibition act, (old bombay prohibition act – General Practice – Civil Law
Such persons may be given such designations as the 3[State] Government may deem fit. Notwithstanding anything contained in section 11 or any other provisions of this Act, in respect of any Scheduled Area falling within the jurisdiction of a Gram Sabha and 149 Panchayat or a Panchayat Samiti or a Zilla Parishad, as the case may be, it shall be competent for such Gram Sabha or a Panchayat and or the Panchayat Samiti or the Zilla Parishad to enforce prohibition or to regulate or to restrict the sale and consumption of intoxicant in Scheduled Areas within its jurisdiction:.
Sections 65 e guujarati 81 the Gujarat Prohibition Act, XLIV of 1.
Appellate Tribunal For Electricity Amended by Bombay 18 of Competition Commission Of India 5. On the copy so preserved he shall ggujarat the purpose or ailment for which the intoxicating liquor is prescribed.
Full text of “The Bombay Prohibition (Gujarat Amendment) Act, “
Sub-section 3 shall stand unmodified vide the Maharashtra Adaptation of laws State and Concurrent Subject Order, No 5[intoxicant], hemp, mhowra flowers or molasses shall be removed from any distillery, warehouse or other place of storage established or licensed under this Act, except under a pass and unless the duty, if any, imposed under the provisions of this Act, has been paid or a bond has been executed for the payment thereof.
Armed Forces Tribunal 1. III ofshall be bound. An Act to amend and consolidate the law relating to the promotion and enforcement of and carrying into effect the policy of Prohibition and also the Abkari law in the 4[State] of Bombay. Assam High Court 0. It is true that originally when the case was tried before the learned Judicial Magistrate, there was no charge against the appellant and accused Nos.
Possession again must be distinguished from custody and it must be conscious possession. Provided that every licence, permit, pass or authorisation shall be granted only on the condition that the 3[person applying] undertakes, and in the opinion of the officer authorised to grant the licence, permit, pass or authorisation is likely to abide by all the conditions of the licence, permit, pass or authorisation and the provisions of this Act.
Article of the Constitution of India. The 8 [Commissioner], Collector or any Prohibition Officer duly empowered in this behalf by the 9[State Government or any Police Officer may arrest without an order from a Magistrate and without warrant any person who obstructs him in the execution of his duties under this Act or who has escaped or attempts to, escape from custody in which he has been or is lawfully detained under this Act.
Then you can start reading Kindle books on your smartphone, tablet, or computer – no Kindle device required. Provided that, in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the Court, such. Income Tax Appellate Tribunal. Provided that if such person is not resident in 4[India] the bond shall be secured, by a surety or sureties residing in 5[India].
From around the Web. Principal Acts may or may not include subsequent amendments. See now the Code of Criminal Procedure, 2 of This is, however, a complaint on facts prohiition we do not see any reason why we should, in the exercise of our extra-ordinary jurisdiction under Article of the Constitution, entertain such a complaint.
Whoever attempts to commit or abets the commission of an offence under this Act shall, on conviction, be punished for such attempt or abetment with the same punishment as is provided for the principal offence. The appeal being directed against the correctness of the acquittal, the High Court would have to determine whether on merits, the acquittal should be maintained or reversed. Here, the High Court, on a consideration of the material which was before the learned Judicial Magistrate, came to the conclusion that this material warranted the framing of a further charge against the appellant and accused Nos.