JASBIR SINGH Vs. VIPIN KUMAR JAGGI

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is under trial for offences alleged to have been committed under Ss. 21, 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (referred to herafter as the 'Act'). The respondent No. 1 was a co-accused. The appellant has challenged an order date 31-1-2000 by which the High Court upheld an order of the Central Government granting the respondent No. 1 immunity from prosecution under Section 64 of the Act. In this appeal, we are concerned with the scope of the power under Section 64 of the Act and whether it can be exercised by the Central Government in favour of a person after the Sessions Judge has ejected an application by such person for pardon under Section 307 of the Code of Criminal Procedure, 1973.

(3.) Proceedings under the Act were initiated agaist inter alia the appellant and the respondent No. 1 on two separate complaints of the Narcotics Control Bureau (briefly referred to as 'NCB') being SC No.136/89 and SC No.233/88. The appellant is the principal accused in both cases. The allegation is that he was the kingpin of an international net-work of drug smugglers. According to the prosecution, the evidence against the appellant included 'chits' recording some details regarding the smuggling of drugs and contacts in the United States of America and a tape recording of a conversation between the appellant and the respondent No. 1 relating to the smuggling of drugs to the USA.