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2016 (7) TMI 45 - SC - Indian LawsPower of the SC to grant pardon or remission - Conviction u/s 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Held that:- The present factual matrix does not remotely suggest that there has been violation of any fundamental right. There is no violation of any law which affects the fundamental rights of the petitioners. The argument that when a pardon or remission can be given under Article 72 or 161 of the Constitution by the constitutional authority, this Court can exercise the similar power under Article 32 of the Constitution of India is absolutely based on an erroneous premise. Article 32, as has been interpreted and stated by the Constitution Bench and well settled in law, can be only invoked when there is violation of any fundamental right or where the Court takes up certain grievance which falls in the realm of public interest litigation - Decided against the appellant.
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