JASBIR SINGH versus VIPIN KUMAR JAGGI AND ORS.

JASBIR SINGH versus VIPIN KUMAR JAGGI AND ORS.

There is nothing in Section 64 of the NDPS Act to circumscribe the power of the Government to a time prior to commencement of trial; the power may be exercised at any time during the course of trial but before judgment is delivered, and the grant of immunity from prosecution under Section 64 is valid even after rejection of application under Section 307 Cr.P.C.

Parties
Appellant: Jasbir Singh; Respondent No. 1: Vipin Kumar Jaggi; Respondents: Vipin Kumar Jaggi and Ors.
Jurisdiction
India
Judgment Date
16 August 2001
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From Delhi High Court
Outcome
Appeal dismissed
Legal Topics
Immunity From Prosecution, Grant of Pardon, Interpretation of Statutes, Conflict Between Special and General Statutes, Power Under Section 64 NDPS Act
Criminal Law Narcotics Law Immunity From Prosecution Grant of Pardon Interpretation of Statutes Conflict Between Special and General Statutes Power Under Section 64 NDPS Act

Case Brief

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Parties

Jasbir Singh

Appellant

Vipin Kumar Jaggi

Respondent No. 1

Vipin Kumar Jaggi and Ors.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Delhi High Court

Legal Issues

  1. 1 Whether the Central or State Government may exercise power under Section 64 of the NDPS Act to grant immunity from prosecution after rejection of an application under Section 307 Cr.P.C.
  2. 2 Whether the Governmental power under Section 64 NDPS Act is limited to before commencement of trial or may be exercised during trial before judgment is delivered

Ratio Decidendi

There is nothing in Section 64 of the NDPS Act to circumscribe the power of the Government to a time prior to commencement of trial; the power may be exercised at any time during the course of trial but before judgment is delivered, and the grant of immunity from prosecution under Section 64 is valid even after rejection of application under Section 307 Cr.P.C.

Court Disposition

Appeal dismissed

Orders

  • The order of the High Court and the Government granting immunity to respondent No. 1 is upheld.
  • The respondent No. 1 retains immunity from prosecution under Section 64 of the NDPS Act.