(1) The Central Government or the State Government may, if it is of opinion (the reasons for such opinion being recorded in writing) that with a view to obtaining the evidence of any person appearing to have been directly or indirectly concerned in or privy to the contravention of any of provisions of this Act or of any rule or order made thereunder it is necessary or expedient so to do, tender to such person immunity from prosecution for any offence under this Act or under the Indian Penal Code (45 of 1860) or under any other Central Act or State Act, as the case may be, for the time being in force, on condition of his making a full and true disclosure of the whole circumstances relating to such contravention.
(2) A tender of immunity made to, and accepted by, the person concerned, shall, to the extent to which the immunity extends, render him immune from prosecution for any offence in respect of which the tender was made.
(3) If it appears to the Central Government or, as the case may be, the State Government, that any person to whom immunity has been tendered under this section has not complied with the conditions on which the tender was made or is wilfully concealing anything or is giving false evidence, the Central Government or, as the case may be, the State Government, may record a finding to that effect and thereupon the immunity shall be deemed to have been withdrawn and such person may be tried for the offence in respect of which the tender of immunity was made or for any other offence of which he appears to have been guilty in connection with the same matter.
Simplified Explanation
Section 64 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) provides the power to tender immunity from prosecution to individuals who provide valuable evidence about violations under the Act. This section allows the government to offer immunity from prosecution in exchange for truthful cooperation, helping authorities in the investigation or prosecution of others involved in drug-related offenses. Here’s a detailed explanation of the provisions:
Key Points of Section 64:
Sub-section (1): Grant of Immunity by the Government
- Authority to Tender Immunity:
- The Central Government or the State Government has the power to offer immunity from prosecution to any person who has been directly or indirectly involved in a violation of the NDPS Act or related rules.
- The government can offer immunity if it believes that obtaining the evidence of the person is necessary for furthering an investigation or for securing the conviction of others involved in drug offenses.
- The government must record its reasons in writing for offering the immunity, which ensures transparency in the decision-making process.
- Conditions for Immunity:
- Immunity is granted on the condition that the person makes a full and true disclosure of the whole circumstances related to the offense or contravention. This means that the person must provide complete and honest information about their involvement and about anyone else involved in the illicit activity.
- The immunity applies not only to offenses under the NDPS Act but also to offenses under other applicable laws such as the Indian Penal Code (IPC) and other Central or State Acts that may be relevant to the case.
Sub-section (2): Effect of Immunity
- Effect on Prosecution:
- Once a tender of immunity is made and accepted, the person is immune from prosecution for the specific offense(s) related to which the immunity was offered.
- Essentially, this means that the person who has cooperated and provided evidence cannot be prosecuted for the offense they were involved in, as long as they comply with the conditions of the immunity.
Sub-section (3): Withdrawal of Immunity
- Conditions for Withdrawal of Immunity:
- If the government determines that the person who accepted the immunity fails to comply with the conditions (e.g., by concealing information or providing false evidence), the immunity can be withdrawn.
- The Central or State Government must record a finding that the person has not complied with the conditions or is concealing information.
- If immunity is withdrawn, the individual loses the protection from prosecution, and can be tried for the original offense for which the immunity was granted or for any other offense related to the same matter.
Practical Example:
- A drug dealer who was involved in trafficking heroin is arrested. The authorities suspect that the individual has knowledge about other drug trafficking networks and people involved in larger operations.
- The government decides to offer immunity to this individual, provided they provide full and truthful evidence about the entire operation (including the identities of other traffickers).
- In exchange for their cooperation, the individual cannot be prosecuted for their role in the heroin trafficking.
- However, if the individual later withholds information, lies, or intentionally hides critical details, the government can withdraw the immunity, and the individual can be prosecuted for the original offense as well as for any new offenses discovered through their misconduct.
Summary:
Section 64 gives the Central or State Government the ability to offer immunity from prosecution to individuals involved in drug-related offenses in exchange for their cooperation and truthful disclosure. This helps authorities gather critical information for investigations. However, the immunity is conditional: it can be revoked if the individual fails to comply with the terms, allowing the government to proceed with prosecution. This provision aims to encourage cooperation in fighting drug trafficking by offering a legal incentive for those willing to provide valuable evidence.
