Bharti Arora vs State Of Haryana 2024 INSC 976- Ss 36A, 58,69 NDPS Act
Narcotic Drugs and Psychotropic Substances Act 1985 -Section 36-A(5), 58 - For convicting a person under Section 58 of the NDPS Act, he/she must be tried summarily- Special Judge could not have conducted the proceedings against the present appellant for the offence punishable under Section 58 of the NDPS Act inasmuch as such proceedings could have been conducted only by a Magistrate. (Para 24-26)
NDPS Act 1985 - Section 69 - Anything done with due care and attention, which is not mala fide, is presumed to have been done in good faith- There should not be personal ill will or malice, no intention to malign and scandalise- Good faith and public good are though a question of fact, they are required to be proved by adducing evidence. Whether the performance of duty acting in good faith either done or purported to be done in the exercise of the powers conferred under the relevant provisions can be protected under the immunity clause or not, would depend upon the facts of each case and cannot be a subject matter of any hypothesis- For availing such immunity, the act has to be official and not private- ‘Good faith’ means, that which is founded on genuine belief and commands a loyal performance- The provisions of immunity clauses are made to protect the officers on the presumption that the acts performed in good faith were free from malice or ill will- The act which may appear to be wrong or a decision which may appear to be incorrect was not necessarily a malicious act or decision -The presumption of good faith therefore could be dislodged only by cogent and clinching material and so long as such a conclusion was not drawn, a duty in good faith should be presumed to have been done or purported to have been done in exercise of the powers conferred under the statute- There has to be material to attribute or impute an unreasonable motive behind an act to take away the immunity clause.[ Referred to General Officer Commanding, Rashtriya Rifles v. Central Bureau of Investigation ] (Para 27-31)
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