2011 CRI. L. J. 200 ::2010 (6) All LJ 464 ::2010 (6) ALJ 464 ::(2010) 71 AllCriC 407 ::(2010) 8 ADJ 56 (ALL) ::(2011) 97 AllIndCas 2 (ALL) ::(2011) 1 EFR 349

Allahabad High Court

Hon'ble Judge(s): Shrikant Tripathi , J

(A) Juvenile Justice (Care and Protection of Children) Act (56 of 2000) , S.12— Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.37— Bail application - By juvenile accused - Recovery of commercial quantity of charas from accused - Bail matter of accused liable to be considered u/S.12 Juvenile Justice Act and not u/S.37 of NDPS Act - S.12 of Juvenile Justice Act overrides S. 37 of NDPS Act. In S. 12 of Juvenile Act, a non obstante provision "notwithstanding anything contained in the Code of Criminal Procedure, 1973 or in any other law for the time being in force" has been placed, which clearly indicates that provisions of S. 12 of the Juvenile Act has an overriding effect not only on Code but also on other laws, if any, for the time being in force. It is also true that S. 37 of NDPS Act, 1985 has also a non obstante clause, according to which provisions of S. 37 of the NDPS Act 1985 have effect notwithstanding @page-CriLJ201 anything contained in the Code. Therefore, S. 37 of the NDPS Act, 1985 has an overriding effect only on Code and not on other laws. Moreover, the NDPS Act was enacted in the year 1985 and was in force on the date of commencement of Juvenile Act, therefore, non obstante provision "notwithstanding anything contained in Code of Criminal Procedure, 1973 or any other law for the time being in force"....