Makbul @ Pappi Masih And Ors vs State Of Punjab And Anr on 26 March, 2019
Though the facts are materially different the ratio can be applied. The
observations for similar clause made by the Apex Court in the case of Makbul
Singh v. State of Punjab reported in AIR 1999 SC 1131 are also relevant for
our purpose; wherein the Apex Court has stated that non obstante clause in
Section 32(a) of the NDPS Act has overriding effect on powers of suspension,
commutation and remission provided under the Cr.P.C.
24(i). The expression "special law" means a provision of law which is not
applicable generally but which applies to a particular or specific subject or
class of subjects. Section 41 of Indian Penal Code stands on the same footing
and defines the phrase 'special law Sometimes, a particular act or part of a
procedural law may be considered as general and can be given effect to with
reference to some act. But it may be special with reference to other act.