Case Note & Summary
The case involved an appeal by the appellant challenging the High Court's order that granted immunity to a co-accused under Section 64 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant was under trial for serious drug-related offences and contended that the Central Government's grant of immunity was improper after the Sessions Judge had rejected the co-accused's application for pardon under Section 307 of the Code of Criminal Procedure, 1973. The High Court had ruled that the powers under Section 64 were not limited to the pre-trial stage and could be exercised even after the commencement of the trial. The Supreme Court upheld this view, clarifying that the Central Government's authority to grant immunity was independent of the court's powers and aimed at obtaining crucial evidence for prosecution. The court emphasized that the role of the Executive in such matters is vital for effective prosecution of drug-related crimes. The court dismissed the appeal, affirming the High Court's decision and noting that the co-accused had already provided the promised evidence, making it unjust to withdraw the immunity granted (Paras 1-9).
Headnote
A) Criminal Law - Grant of Immunity - Scope of Section 64 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - The Central Government may grant immunity from prosecution at any stage of the trial, not limited to pre-trial. The court held that the powers under Section 64 are independent of the powers under Section 307 Cr.P.C. and can be exercised even after a pardon application is rejected by the Sessions Judge (Paras 1-9).
Issue of Consideration
Whether the Central Government can grant immunity under Section 64 of the Narcotic Drugs and Psychotropic Substances Act after a Sessions Judge has rejected an application for pardon under Section 307 of the Code of Criminal Procedure.
Final Decision
The Supreme Court upheld the High Court's order granting immunity to the co-accused under Section 64 of the Narcotic Drugs and Psychotropic Substances Act, 1985, ruling that the Central Government's power to grant immunity is independent of the court's powers under Section 307 of the Code of Criminal Procedure, 1973. The court emphasized that the immunity could be granted at any stage of the trial and dismissed the appeal.
Law Points
- Immunity from prosecution
- Narcotic Drugs and Psychotropic Substances Act
- 1985
- Section 64
- Code of Criminal Procedure
- 1973
- Section 307
- Pardon
- Accomplice testimony
