Law: Control of Narcotics Substances Act, 1997

Section: Preamble,20,21,22,25,26,72,20(2),6,7,8,9

Law: Criminal Procedure Code (V of 1898)

Section: 156(2),103,497

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Preamble---Scheme and legislative intent behind the Act stated. (b) Interpretation of statutes--- ---- Mandatory or directory nature of a statute---Determination of---Test--­Principles---Duty of Court. While there is no absolute test by which it may be determined whether a statute is mandatory or directory the primary rule is .to ascertain the legislative intent as revealed by an examination of the whole Act. No universal rule can be laid down for determination whether the provisions are mandatory or directory. In each case, intention of the Legislature must be ascertained by looking at the whole scope of the statute and, in particular, at the importance of the provisions in question in relation to the general object to be secured. No universal rule can be laid down as to whether a mandatory enactment shall be construed directory only or obligatory on an implied nullification for disobedience. It is the duty of the Courts of justice to try to get the real intention of the Legislature by carefully attending to the whole scope of the Statute to be construed. No rule of universal application can be laid down. However, a duty is always cast on the Courts to carefully attend to the whole scope of the statute to be construed to determine whether the provisions thereof are mandatory or otherwise. As a general rule, statutes, which enable a person to take legal proceedings under certain specified circumstances, demand -that those circumstances must be accurately obeyed, notwithstanding the fact that the provisions thereof are expressed in merely affirmative language. When a statute confers jurisdiction upon a tribunal of limited authority and statutory origin, the conditions and qualifications annexed to the grant must be strictly applied. It is always for the Court to ascertain the legislative intent by examining the whole Act. Corpus Juris Secundum, Vol. 82, Statute, p.869; Halsbury's Laws of England; Howard v. Bodington (1877) 2 PD 203; Atta Muhammad Qureshi v. Settlement Commissioner PLD 1971 SC 61 arid Craies of Statutory Laws, 6th Edn. ref. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss.…

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