2001 (8) TMI 317 - SUPREME COURT - Central Excise

Head Note / Extract:
Whether power under Section 64 of the Narcotic Drugs and Psychotropic Substances Act, 1985 can be exercised by the Central Government in favour of a person after the Sessions Judge has rejected an application by such person for pardon under Section 307 of the Code of Criminal Procedure, 1973? Held that:- Assuming there is a conflict between the powers of the Court under Section 307 Cr.P.C. and the power of the Central Government under Section 64 of the Act, then it must be held that Section 64 would prevail both on the ground that the Act being a special Act overrides the Cr.P.C. which is a general Act and also because the later enactment must prevail over the earlier one. As after the decision of the High Court, the respondent No. 1 has in fact tendered the evidence promised by him. To refuse him the immunity now would not only be illegal but particularly unjust, thus the decision of the High Court and appeal dismissed.