The aforesaid structure of the Selection Committee was found fault with by the Constitution Bench in 2010 lawyer (click through the up coming document) judgment. A careful reading of the definition of dealer under the Act, 1963, would make it evident that the legislature intended to provide for an inclusive criterion and broaden the ambit of the said classification. Thus, in Director General of Doordarshan v. The accused pleaded not guilty and claimed to be tried. , Bhanwarlal, PW-8, posted in the Court of the Magistrate, Osian, lodged an FIR, exhibit P-3, at Police Station, Osian informing that when he went to the Court to meet the night chowkidar, he was absent and it was found by him that locks of the main gate of the malkhana were broken and the goods were law firm (click through the up coming document) scattered.
(viii) of para 120 and this sub-para we reproduce once again hereinbelow: The Court specifically remarked that instead of 5 members Selection Committee, it should be 4 members Selection Committee and even the composition of such a Selection advocate – click through the up coming document, law firm (click through the up coming document) Committee was mandated in Direction No. 1985, and it was found that 10 kgs. Therefore, given the exceptionally wide scope of the definition, prima facie, it can be concluded that any person or entity that carries on any activity of selling goods, could be categorized as a dealer under the Act, 1963.
In course of investigation, the accused lawyers (click through the up coming document) Mohan Lal was arrested for the offence punishable under Sections 457 and 380 IPC. (2) The Joint Secretary in the Ministry or Department of the Central Government dealing with this Act shall be the Convenor of the Selection Committee. 420 gms opium and some other articles were stolen from several packets. The accused-appellant led to discovery in presence of independent witnesses. 200 gms of opium was packed separately, sealed and sent for FSL examination.
The relevant facts giving rise to the prosecution are that on 13. The bag and cloth were taken out by the accused digging the pit and the bag contained 10 kgs and 200 gms of opium as is reflected from seizure memo, law firm (click through the up coming document) Exhibit P-6. Here, since the definition of dealer is wide to include transactions conducted in the course of business or otherwise, to answer the question posed before us, we do not deem it necessary to examine the nature of activity carried out by the assessee-Port Trust in as much as whether it falls under the definition of business under the Act or not.
An advocates (click through the up coming document) information was given at the concerned police station, but as the details of the stolen articles could only be provided by law firms (click through the up coming document) the Criminal Clerk after he came legal services (click through the up coming document) from the legal – visit this website link, Diwali holidays, an FIR was lodged for an offence under Section 457 IPC. In our opinion, the LICENSEES reliance on these paragraphs is wholly misconceived. Anand Patwardhan[67], this Court notice the law in the United States and said that a material may be regarded as obscene if the average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest and that taken as a whole it otherwise lacks serious literary artistic, political, educational or scientific value (see para 31).
After the courts reopened, the Presiding Officer, Ummed Singh, PW-6, on being informed, visited the premises, got malkhana articles verified and got an inventory prepared by Narain Singh, Criminal Clerk, in-charge of Malkhana, PW-4, on 16. Great strides have been made since this decision in UK, United States, as well as in our country. While in custody, it was informed by him that he had broke open the lock of the malkhana of the Court and stolen the opium and kept it in a white bag and concealed it in a pit dug by him underneath a small bridge situate between Gupal Sariya and Madiyai.
Union of India[66], a two-Judge Bench of this Court, while dealing with the concept of obscenity, has held that:- 45. This Court in Ranjit Udeshi (supra) took a rather restrictive view of what would pass muster as not being obscene. The remaining substance and other items were separately sealed. After receiving the FSL report and completing the investigation, chargesheet under Section 18 of the NDPS act and Sections 457 and 380 of the IPC was filed before the appropriate Court and eventually the matter travelled to the Court of Session.
Reliance is placed on the observations made in the Special Reference (supra) in paragraphs 82 and 146 in support of the submissions of the LICENSEES that auction is not the only method of disposal of natural resources. Very recently, in Shreya Singhal v. These two paragraphs, instead of supporting the case of the LICENSEES, are destructive of their contention. To test the aforesaid conclusion in the context of the issue at hand, we would delve into the interpretation ascribed by this Court to the term dealer.
The legislature did not propose to restrict the scope of the term as perceived in common parlance. The Court followed the test laid down in the old English judgment in Hicklins case which was whether the tendency of the matter charged as obscene is to deprave and corrupt those whose minds are open to such immoral influences and into who hands a publication of this sort may fall. His disclosure statement has been brought on record as Exhibit P- 14A.