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1 - 10 of 16 (0.22 seconds)Section 37 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Code of Criminal Procedure, 1973
Section 19 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 24 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
The Indian Penal Code, 1860
Section 22 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 21 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Frick India Ltd vs Union Of India And Others on 21 December, 1989
In the light of above analysis and applying the ratio
decidendi in the case of M/S Frick India (Supra), this
Court, is of the view that the headnote cannot modify/alter
the plain meaning of a statutory provision when the statute
is clear and unambiguous. In the present case, Section 37 of
the Act has to be construed taking into account the whole
contents enumerated in the body of this provision and
taking note of the objects the legislatures intended to
achieve, which, if can be read in its proper perspective,
then, all offences having punishment prescribed for less
than 3(three) years and a case of small quantity, the same
would be cognizable and bailable, since the said offences are
covered by the category of third entry of part-II of the
Schedule of the Code of Criminal Procedure, 1973.