|Allahabad High Court
BNSS Section 223 Mandates Pre-Cognizance Hearing Even Under NDPS Act | Natural Justice Overrides Special Law Procedures : Allahabad HC
Allahabad High Court quashes NDPS cognizance order passed without affording the accused an opportunity of hearing under BNSS Section 223(1), holding that natural justice principles prevail over special law procedures. The ruling clarifies that pre-cognizance hearings are mandatory for complaint-based prosecutions, even under statutes like the NDPS Act, affecting all pending and future cases.