Saturday 6 March 2021

Patna HC: Juvenile Justice Act will override provisions of the NDPS Act for grant of bail to child in conflict with law

 After considering the above referred decisions, there is no doubt that Juvenile Justice Act, 2015 and NDPS Act, 1985 are Central legislations and both have been enacted by the Parliament as Special Laws dealing with particular objects. The NDPS Act, is a penal statute enacted for prohibition, control and regulation of Narcotic Drugs and Psychotropic Substances whereas, the Juvenile Justice Act, inter alia deals with those children alleged and found to be in conflict with law. The Juvenile Justice Act lays down the procedure as to how the children who are in conflict with law shall be dealt within the matter of apprehension, detention, prosecution etc. Section 12 of the Juvenile Justice Act, deals with the provisions for grant of bail regarding the child in conflict with law. The non-obstante clause contained in Section 12 not only confers a special status over the Code of Criminal Procedure, 1973, but also over any other law for the time being in force. Further, no exception being carved out for the offences related to NDPS Act, sufficiently indicates that the intention of the legislature was to given an overriding effect to Section 12 of Juvenile Justice Act  over Section 37 of the NDPS Act also. Furthermore, considering the decision of the Hon'ble Supreme Court rendered in the case of Sarwan Singh Vs. Kasturi Lal AIR 1977, SC 265 and Union of India Vs Ranjeet Kumar Sinha and Another (2019)7 SCC 505, this Court of the view that while harmoniously construing the provisions of two legislations, it is to be presumed that the legislature has enacted the later enactments with knowledge of the provisions of the former legislation, and therefore, a non-obstante clause in subsequent legislation, may be regarded as overriding effect. This proposition also gets fortified by the decision given by the Hon'ble Supreme Court in Solidaire India Ltd. Vs. Fairgrowth Financial Services Ltd., and Ors. MANU/SC/0009/2001: JT 2001 (2) SC 639.

Patna High Court - Orders
Anamul Haque vs The Union Of India Through ... on 23 December, 2020
CRIMINAL APPEAL (SJ) No.84 of 2020
Read full Judgment here: Click HERE
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