TARA SINGH AND ORS vs UNION OF INDIA & ORS.

The Supreme Court addressed the issue of whether remission granted by the Governor under Article 161 of the Constitution overrides Section 32A of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court held that the constitutional power to grant remission under Article 161 is not curtailed by Section 32A, affirming that remission schemes serve as effective guidelines for the exercise of such power. Consequently, the petitioners' request for remission was deemed valid, and the denial of such benefit was found arbitrary and contrary to established legal principles.