Can the principle of section 10 of the General Clauses Act, 1897 (for
short ‘the GC Act’) be applied to section 187(3) of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘BNSS.’)? The aforesaid question arises for
consideration in this case.
2. Petitioner is the accused in Crime No.48 of 2024 of Excise
Enforcement and Anti-Narcotic Special Squad, Thrissur. The prosecution
alleges that on 16.10.2024, petitioner was found transporting 25.233 Kg of
ganja in a vehicle and thereby the accused committed the offences under
sections 20(b)(ii)(C), 29 and 60(3) of the Narcotic Drugs and Psychotropic
Substances Act, 1985 (for short ‘NDPS Act’). Petitioner was arrested on the
same day and he was continuing in custody until 10.06.2025, when this Court
granted an interim bail considering the question of law raised for
consideration. Since the issue arises in relation to a crime registered alleging
possession of commercial quantities of a narcotic drug, section 187 of BNSS
2025:KER:54409
has to be read along with section 36A(4) of the NDPS Act.
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