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The Supreme Court quashed the High Court's order upholding the Special Judge's adverse observations against the appellant police officer for an offense u/s 58 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court held that the Special Judge violated principles of natural justice by making findings without giving proper notice or following summary trial procedure prescribed u/s 36-A(5) of the NDPS Act read with the Cr.P.C. The Court reiterated that good faith actions under the NDPS Act are granted statutory immunity unless cogent material shows unreasonable motive, and mere allegations cannot dislodge presumption of good faith discharge of duties. The appeal was allowed, setting aside the impugned orders.
The Supreme Court quashed the High Court's order upholding the Special Judge's adverse observations against the appellant police officer for an offense u/s 58 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court held that the Special Judge violated principles of natural justice by making findings without giving proper notice or following summary trial procedure prescribed u/s 36-A(5) of the NDPS Act read with the Cr.P.C. The Court reiterated that good faith actions under the NDPS Act are granted statutory immunity unless cogent material shows unreasonable motive, and mere allegations cannot dislodge presumption of good faith discharge of duties. The appeal was allowed, setting aside the impugned orders.
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