Search Results Page

Search Results

1 - 10 of 73 (3.78 seconds)

K. Faizel vs The Kerala State Police Chief on 28 October, 2020

(ii) In Jasbir Singh v. Vipin Kumar Jaggi and others reported in AIR 2001 SCC 2734, the Hon'ble Supreme Court has considered a case of immunity from prosecution, provided under Section 64 of the Narcotic Drugs and Psychotropic Substances Act, 1985, conferred on the Central Government vis-a-vis the power of the Court under Section 307 of the Cr.P.C., for grant of pardon to approvers. After considering various decisions, at paragraphs 38 & 39, the Hon'ble Apex Court held thus:
Kerala High Court Cites 46 - Cited by 0 - S Manikumar - Full Document

Al-Saleha Beig Son Of Abdul Gani Beig vs State And Ors. on 24 January, 2008

123. We may also refer to yet another judgment of the Supreme Court in Jasbir Singh v. Vipin Kumar Jaggi and Ors. 2001 SCC (Cri.) 1525. In that case the Supreme Court was dealing with the question of granting pardon to a witness who was a convicted offender. The Supreme Court reiterated the same principle and held that it is for the prosecution to decide the necessity of granting pardon to an accused and if it so decides, the court has to agree to tendering of pardon.
Bombay High Court Cites 7 - Cited by 2 - D B Bhosale - Full Document

Deepak Chandak vs State Of Jharkhand Through Cbi on 21 May, 2004

It may be noted that even in the decision in Jasbir Singh v. Vipin Kumar Jaggi, (2001) 8 SCC 289, relied on by the counsel for the revision-petitioner, the Supreme Court has categorically recognized that the power to actually grant pardon is vested in the Court. When the power to grant pardon is vested in the Court, it necessarily follows that a right to refuse it is also in the Court. It is, therefore, difficult to accept an argument that the Court has no power at all and that it is a mere rubber stamp when the prosecution and one accused agreed that, that particular accused will be treated as an approver.

Sanjiv Rajendra Bhatt vs State Of Gujarat on 5 August, 2021

24. Having heard the learned counsel for the respective parties and on careful perusal of the records, this Court finds that the learned Special Court while allowing the application granting pardon, has taken into consideration the confessional statement and statement made upon the oath, led to his satisfaction that the statement is voluntarily given by the accused Mr. Vyas without any coercion, threat or inducement of any kind. The learned Special Court has also verified that the accused is a party or privy in the commission of offence and also taken into account the consent of the prosecution that the tender of pardon will in the interest of successful prosecution of the other offender and finally, agreed to the tender of pardon. The learned Special Judge has considered Section 64 of the NDPS Act and relying on the case of Jasbir Singh Vs. Vipinkumar Jaggi (2001) 8 SCC 289 , came to the conclusion that there is no conflict between the powers exercised by the Court under Section 307 and by the Government under Section 64 of the NDPS Act and the Court being a original criminal jurisdiction having jurisdiction to deal with the application filed under Section 307 read with Section 306 of the Cr.P.C. The learned Special Judge while allowing the application also deal with the objection filed by the applicant that the confession is Page 21 of 32 Downloaded on : Sat Aug 07 16:46:53 IST 2021 R/CR.RA/299/2021 CAV JUDGMENT DATED: 05/08/2021 not honest confession but it has been made on inducement of allowing the accused to remain on temporary bail on his health ground.
Gujarat High Court Cites 48 - Cited by 0 - I J Vora - Full Document

M/S Pals Alloys And Metal India Private ... vs Allahabad Bank on 23 December, 2021

Though counsel for respondent No.1 cited certain decisions dealing with the principle that the general law will stand superseded by a special law : Solidaire India Ltd. v. Fairgrowth Financial Services Ltd9., Jasbir Singh v. Vipin Kumar Jaggi10, and Pharmacy Council of India v. Dr. S.K. Toshniwal Educational Trusts Vidarbha Institute of Pharmacy and others11, in our considered opinion, the said decisions have no application because of the reasons given by us above.
Punjab-Haryana High Court Cites 29 - Cited by 7 - M S Rao - Full Document

Sanjiv Rajendra Bhatt vs State Of Gujarat on 5 August, 2021

24. Having heard the learned counsel for the respective parties and on careful perusal of the records, this Court finds that the learned Special Court while allowing the application granting pardon, has taken into consideration the confessional statement and statement made upon the oath, led to his satisfaction that the statement is voluntarily given by the accused Mr. Vyas without any coercion, threat or inducement of any kind. The learned Special Court has also verified that the accused is a party or privy in the commission of offence and also taken into account the consent of the prosecution that the tender of pardon will in the interest of successful prosecution of the other offender and finally, agreed to the tender of pardon. The learned Special Judge has considered Section 64 of the NDPS Act and relying on the case of Jasbir Singh Vs. Vipinkumar Jaggi (2001) 8 SCC 289 , came to the conclusion that there is no conflict between the powers exercised by the Court under Section 307 and by the Government under Section 64 of the NDPS Act and the Court being a original criminal jurisdiction having jurisdiction to deal with the application filed under Section 307 read with Section 306 of the Cr.P.C. The learned Special Judge while allowing the application also deal with the objection filed by the applicant that the confession is Page 21 of 32 Downloaded on : Sun Jan 16 06:09:44 IST 2022 R/CR.RA/299/2021 CAV JUDGMENT DATED: 05/08/2021 not honest confession but it has been made on inducement of allowing the accused to remain on temporary bail on his health ground.
Gujarat High Court Cites 48 - Cited by 0 - I J Vora - Full Document
1   2 3 4 5 6 7 8 Next