AIROnline 2024 SC 828

Supreme Court Of India

(From : AIROnline 2010 P and H 63)

Hon'ble Judge(s): 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 24 26) ....