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Supreme Court of India 2016-06-29 dismissed

Tara Singh & Ors vs Union of India & Ors

Bench: 2 — Dipak Misra

In Brief

The petitioners, convicted under the Narcotic Drugs and Psychotropic Substances Act and sentenced to imprisonment, sought remission under the Punjab Jail Manual by writ petition. The primary question was whether constitutional powers of remission under Articles 72 and 161 override the statutory bar in Section 32A of the NDPS Act. The Court held that while constitutional remission powers are separate and untouchable by statutory restrictions, the right to remission is not a fundamental right enforceable under Article 32. Section 32A validly restricts statutory remission for NDPS offences. The Court cannot invoke Article 142 to override substantive statutory provisions. The writ petition was dismissed as the petitioners have no fundamental right to remission under Part III of the Constitution.

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Narcotic Drugs and Psychotropic Substances Remission of Sentence Constitutional Law Executive Powers Criminal Procedure Fundamental Rights Separation of Powers

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