Supreme Court Of India
(From : AIROnline 2010 P and H 63)
B. R. Gavai,
Prashant Kumar Mishra,
K. V. Viswanathan
, JJJ
(A) Narcotic Drugs and Psychotropic Substances Act (61 of 1985) , S.58, S.36A(5)— Criminal P.C. (2 of 1974) , S.260— Punishment for vexatious arrest – Issuance of show cause notice – Non-compliance of procedure – Allegation that appellant Police Officer had not exercised power vested under Ss. 42, 43 and 44 of NDPS Act in a bona fide manner – Notice given by Special Judge to appellant was for offence punishable under Ss. 58(1) and (2) of NDPS Act – Proceedings initiated by Special Judge against appellant were for offence punishable with maximum sentence up to two years – S. 36A (5) of NDPS Act, prescribes that, for convicting a person under S. 58 of NDPS Act, he/she must be tried summarily – Special Judge could not have conducted proceedings against appellant for offence punishable under S. 58 of NDPS Act inasmuch as such proceedings could have been conducted only by a Magistrate – Procedure mentioned under Ss. 251 to 256 of Cr.P.C. was not followed – Notice issued against appellant to initiate proceedings against her for offence punishable under S. 58 of NDPS Act was quashed.
Criminal P.C. (2 of 1974) , S.251, S.256, S.262— AIROnline 2010 P and H 63-ReversedAIR 2020 SC 5592-Followed
(Para 21
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