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Law · Q2058

Indian Penal Code

Graduate and Post Graduate · Law · question 2058

Q2058

Principle: Ignorance of the law is not an excuse in the country. Factual Situation: Z, a foreign national came to New Delhi as a transit passenger at the Indira Gandhi International Air Port. His flight landed in the morning on 9th June 2008 at 10:15 am and he was supposed to catch the next flight at 1:00 pm the same day to another country. He was carrying 1 Kilogram of Hashish. The Government of India notified on 9th June 2008 that "any person having more than 500 Millie Grams of any Narcotic and Psychotropic substances, including Hashish in his possession would be punishable ... " The notification was published in the Official Gazette that was published on the morning of 9th June 2008. The Customs authorities arrested Z.

A.
Z is not liable as he was only a transit passenger who had no opportunity to mingle with any Indian
B.
Z is liable as mere possession of a narcotic substance beyond a certain limit is an offence in the country
Answer
C.
Z is not liable as he was not bound by a new regulation which was notified when he was on the flight
D.
Can be arrested only when the Customs Officials get a clearance from the Embassy of his own country

Answer: Option B

Solution

Answer: Option B
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