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Judgment Search Results Home > Cases Phrase: intoxication criminal Page 1 of about 12,677 results (0.027 seconds)

Jun 13 1996 (FN)

Montana Vs. Egelhoff

Court : US Supreme Court

..... 41 am. psychologist 751, 754-755 (july 1986). this not only adds additional support to the traditional view that an intoxicated criminal is not deserving of exoneration, but it suggests that juries-who possess the same learned belief as the intoxicated offender-will be too quick to accept the claim that the defendant was biologically incapable of forming the requisite 4 as ..... be taken into consideration." 1 w. russell, crimes and misdemeanors *8 (citing king v. grind ley, worcester sum. assizes 1819, ms). this exception was "slow to take root," however, hall, intoxication and criminal responsibility, 57 harv. l. rev. 1045, 1049 (1944), even in england. indeed, in the 1835 case of king v. carroll, 7 car. & p. 145, 147, 173 eng. rep. ..... precedent, the mon- 3 as the united states observed, it is generally within the states' domain "to determine what are the elements of criminal responsibility." id., at 19-20. 62 tana supreme court held that keeping intoxication evidence away from the jury, where such evidence was relevant to establishment of the requisite mental state, violated the due process right to present ..... and coke, the law's condemnation of those suffering from dementia affectata was harsher still: blackstone, citing coke, explained that the law viewed intoxication "as an aggravation of the offence, rather than as an excuse for any criminal misbehaviour." 4 w. blackstone, commentaries *25-*26. this stern rejection of inebriation as a defense became a fixture of early american law .....

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Aug 16 1978 (SC)

P.N. Kaushal and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1978SC1457; (1978)3SCC558; [1979]1SCR122

..... administration of justice made the following pertinent observation :the figures show that crimes of physical violence are associated with intoxicated persons.... thus the closest relationship between intoxication and criminal behavior (except for public intoxication) has been established for criminal categories involving assaultive behavior. this relationship is especially high for lower class negroes and whites. more than likely, ..... regulate liquor, the united states supreme court has stated :if the public safety or the public morals require the discontinuance of the manufacture or traffic (of intoxicating liquors) the hand of the legislature cannot be stayed from providing for its discontinuance, by any incidental inconvenience which individuals or corporations may suffer.the states ..... to those contained in the punjab excise act. several acts passed by state legislatures contain provisions rendering it unlawful to manufacture export, import, transport or sell intoxicating liquor except in accordance with a licence, permit or pass granted in that behalf. the bombay abkari act 1878; the bombay prohibition act 1949, the bengal ..... to deadly addiction at the end was inherent guideline to salvage the provision from constitutional casualty. innocently to equate alcohol with acqua is an exercise in intoxication and straining judicial credibility to absurdity. we proceed to explain why alcohol business is dangerous and its very injurious character and mischief potential legitimate active .....

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Apr 01 2011 (HC)

G.D.Wazir Vs. Uoi and ors.

Court : Delhi

..... act, 1949.article iithat during the aforesaid period and while posted as nk/gd in 11th bn, the said nk/gd wazir, in a state of intoxication, committed criminal trespass by enterin into a house (hut) of labour of cpwd contractor, who was residing in the campus for construction of itbp works on 27.1. ..... time in the month of february. further, it is not a case of simple leaving of a line, but leaving the line in a state of intoxication and entering the area of labour huts.27. the second argument was that by alleging the incident to be of 27.1.1993 and when petitioner informed ..... 11th bn. itb police, consumed liquor, left from unit lines with the pretext of un-natural call subsequently appeared in labour huts in a state of intoxication, where he caused annoyance to labour and as well as to unit personnel. thus committed offence of misconduct in his capacity as a member of the force ..... suspension) b coy 11th bn, while holding the post of nk/gd left the unit lines at 2300 hours on 27.1.93, in a state of intoxication willfully and without sufficient cause. thus committed an offence of misconduct, in the capacity as a member of the force, punishable under section 11(1) of the ..... accept their version.38. the last but one submission that the charge of being intoxicated, in the absence of any medical examination of the petitioner having got conducted, is without any evidence is rejected for the reason this is not a criminal trial. it is a departmental inquiry. the testimony of witness no.3 establishes .....

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Apr 03 1905 (FN)

Bishop Vs. United States

Court : US Supreme Court

..... 197 u. s. 343 to the law, and we must presume at least, that there was sufficient evidence to support the sentence. while drunkenness is not ordinarily considered as criminal, the intoxication of a naval officer while on duty is a gross breach of discipline, and liable to be attended by very serious consequences. congress evidently acted with forbearance and generosity in ..... same day, we do not think the case is within its real meaning, which looks to a punishment of the offense by such suspension. as it appears that bishop was intoxicated during the preceding day, and went ashore and failed to report at daylight on the next morning, it would naturally be inferred that his suspension from duty was not intended .....

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Sep 22 1961 (HC)

State of Gujarat Vs. Ukaji Devaji

Court : Gujarat

Reported in : AIR1962Guj84; (1962)0GLR1

..... to drink'-'after referring to the meaning of the expression 'drunk'' as given in the shorter oxford dictionary namely 'as overcome by alcoholic liquor or intoxicated'' he held that in order to constitute an offence under the provisions of this clause, there must be evidence produced which would induce the 'court ..... further laid down that a positive presumption should be raised that the liquor was drunk or the intoxicant was consumed for the purpose of being intoxicated until the contrary was proved. such a positive presumption can only be raised with a view to establishing the ingredient of an offence. ..... the object of the presumption that a person accused of such offence has drunk liquor or consumed any other intoxicant 'for the purpose of being intoxicated' however can only be to facilitate the prosecution in establishing an ingredient of the offence. but for such an intention on the part of ..... the provisions contained in. section 85(1) shall be presumed to have drunk liquor or consumed any other intoxicant 'for the purpose of being intoxicated and not for a medicinal purpose' until the contrary is proved. a section which provides for anything being presumed in connection with art offence ..... not for medicinal purpose' only with a view to negative the ordinary presumption of innocence which would arise in criminal cases. in his submission, the words 'for the purpose of being intoxicated' have been used only to lend emphasis to the words 'and not for medicinal purpose'. we are unable to .....

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Dec 12 2006 (SC)

Bablu @ Mubarik HussaIn Vs. State of Rajasthan

Court : Supreme Court of India

Reported in : AIR2007SC697; 2007CriLJ1160; 2006(14)SCALE15; 2007AIRSCW369; (2007)2SCC(Cri)590; (2007)2Crimes62(SC); 2007LawHerald(SC)464

..... the tractability of the offender to reform must necessarily play the most prominent role in determining the sentence to be awarded. special reasons must have some relation to these factors, criminal justice deals with complex human problems and diverse human beings. a judge has to balance the personality of the offender with the circumstances, situations and the reactions and choose the ..... offence was committed. this is some indication by the legislature that reformation and rehabilitation of offenders and not mere deterrence, are now among the foremost objects of the administration of criminal justice in our country. section 361 and section 354(3) have both entered the statute-book at the same time and they are part of the emerging picture of ..... practical consequences. 27. section 85 ipc deals with act of a person incapable of judgment by reason of intoxication caused against his will. as the heading of the provision itself shows, intoxication must have been against his will and/or the thing which he intoxicated was administered to him without his knowledge. there is no specific plea taken in the present case about ..... or contains or is mixed with an intoxicant. 28. the defence of drunkenness can be availed of only when intoxication produces such a condition as the accused loses the requisite intention for the offence. the onus of proof about reason of intoxication due to which the accused had become incapable of having particular knowledge in forming the particular intention is on the .....

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Oct 08 1965 (SC)

Ratan Lal Vs. the State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1966SC722; 1966CriLJ597; [1966]2SCR142

..... the board of experts the government of maharashtra issued a declaration on october 4, 1960, declaring that both the preparations mahadrakshasava and dashmoolarishta were medicines fit for use as intoxicating liquor. thereafter a police report was filed in the court of the magistrate, first class, on june 2, 1962 charging the appellant with the offence under s. 66 ..... alcohol, or (b) any antiseptic preparation or solution containing alcohol, or (c) any flavouring extract, essence or syrup containing alcohol, is or is not an article unfit for use as intoxicating liquor, the state government shall constitute a board of experts. (2) . . . . . . (3) . . . . . . (4) . . . . . . (5) . . . . . . (6) it shall be the duty of the board to advise the state ..... to be determined in this appeal is whether the preparations containing alcohol in respect of which the appellant is convicted were medicinal preparations which were unfit for use as intoxicating liquor. that the preparations were medicinal according to the ayurvedic system is not denied, and it is common ground that they contained alcohol. attention must therefore be directed ..... 59a :' 4. possession of a toilet, medicinal or antiseptic preparation, of flavouring article containing alcohol is therefore not an offence if it is unfit for use as an intoxicating liquor, and it corresponds with the description and limitations mentioned in s. 59a. 5. the appellant did at the material time possess preparations which contained a large percentage of .....

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Oct 04 1994 (SC)

Joseph Kurian Vs. State of Kerala

Court : Supreme Court of India

Reported in : AIR1995SC4a; [1994]Supp4SCR122

..... liable to fine9. in order to prove offence under section 328 the prosecution is required to prove that the substance in question was a poison, or any stupefying, intoxicating or unwholesome drug etc, that the accused administered the substance to the complainant or caused the complainant to take such substance, that he did so with intent to ..... hurt by means of poison etc. with intent to commit an offence - whoever administers to or causes to be taken by any person any poison or any stupefying intoxicating or unwholesome drug, or other thing which intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing ..... six months shall run concurrently. we leave it open to a-1 to move the state government for relief under sub-clause (d) of section 433 of the crpc for commutation and conversion to fine. it will be for the state government to consider granting relief to a-1 or not. we on our part would go ..... by the letter of law.15. by the foregoing reasons, criminal appeal no. 472 of 1990 of joseph kurian a-4 is allowed. he is acquitted of all the charges. criminal appeal no. 545 of 1990 preferred by philip jose, a-1 is allowed in part inasmuch as conviction and ..... arising out of the judgment and orders of the high court of kerala dated april 9, 1990 passed in criminal appeal no. 416 of 1985. the respective appellants herein are joseph kurian, a-4 and philip jose, a-1 described as such in the courts below.2 .....

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Mar 08 1994 (HC)

Durai Vs. Secretary to Government of Tamil Nadu and Another

Court : Chennai

Reported in : 1995CriLJ78

..... definition of a bootlegger under the act. he has been arrested as shown above for an act of sale of such illicit arrack mixed with chloral hydrate, which is an intoxicating and poisonous substance. rules called. the madras chloral hydrate (chloral) rules, 1959, framed by the state government in exercise of the powers conferred by sections 3(8)(iv), 18, 21 ..... future and thus issued order of detention. a bootlegger has been defined under the act as a person, who distils, manufactures, stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any of the provisions of the tamil nadu prohibition act, 1937 (tamil nadu act x of 1937) and the rules, notifications and orders ..... 's report has revealed that in the sample he detected the presence of 116.0 mg. of chloral hydrate per 100 ml. of arrack.2. since chloral hydrate is an intoxicating and poisonous substance, the chemical analyst's report reveals that it came to the opinion that if a person consumed arrack with chloral hydrate, he would develop unconsciousness, vomitting, loss .....

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Mar 12 1968 (SC)

Mohd. Usman Vs. State of Bihar

Court : Supreme Court of India

Reported in : AIR1968SC1273; 1969(17)BLJR162; 1968CriLJ1475; (1971)2SCC188a; [1968]3SCR428

..... case, with fine which may extend to one thousand rupees.' 4. rule 16 of the explosives rules provides : '16. children and intoxicated persons - no child under 16 years of age and no person who is in a state of intoxication shall be employed on the loading, unloading or transport of explosives, or be employed in or allowed to enter any premises licensed .....

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