In Brief
The Supreme Court quashed proceedings initiated against Bharti Arora, a Superintendent of Police, for an alleged offence under Section 58 of the Narcotic Drugs and Psychotropic Substances Act. The trial court had recorded adverse findings against her without notice or hearing, in violation of natural justice. The Court held that such proceedings must be tried summarily by a Magistrate, not a Special Court. The appellant's actions in ordering an inquiry were in good faith discharge of duty and protected by statutory immunity. The Court found the trial judge's conduct predetermined and biased, having dictated the order after receiving a transfer order and conducted seven hearings in ten days, demonstrating violation of procedural fairness.
The lawyer headnote and full judgment text are available to registered users.