SANAL SATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Can the principle of Sec. 10 of the General Clauses Act, 1897 (for short 'the GC Act') be applied to Sec. 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 Sec. 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 10/6/2025, 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, Sec. 187 of BNSS has to be read along with Sec. 36A(4) of the NDPS Act.

(3.) Smt. V.A. Haritha, the learned counsel for the petitioner submitted that, the final report in Crime No.48 of 2024 ought to have been filed by 13/4/2025, considering that petitioner was arrested on 16/10/2024, for the purpose of continuing the custody beyond 180 days as per Sec. 187(3) of BNSS read with Sec. 36A(4) of NDPS Act. However the final report was filed only on 15/4/2025 and by virtue of the said provision, petitioner has obtained a right to be released on statutory bail.