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2002 Supreme(Ker) 509

T.M.HASSAN PILLAI
P. Ajaya Babu – Appellant
Versus
The State of Kerala – Respondent


Judgment :-

The grievance highlighted on behalf of the petitioner by his learned counsel is that uncharitable, unmerited and irrelevant remarks have been made by the learned 1st Additional Sessions Judge against the petitioner for non-compliance of Sections 42 and 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘the Act’) and also for conducting investigation after detecting the crime by the petitioner, who was the Sub Inspector of Police, Kottarakkara Police Station at the material time of detecting and investigating crime No.132 of Kottarakkara Police Station, totally ignoring the well settled legal position laid down by the apex court in a catena of decisions against making of disparaging and undeserving remarks on persons appearing before him as witnesses or otherwise by a judge or a magistrate. The petitioner was examined as PW.7 in S.C.No.327 of 1998 on the file of the 1st Additional Sessions judge, Kollam and it was he who detected, and investigated crime No.132 of 1998 of Kottarakkara Police Station. The learned Sessions Judge also directed to proceed against the petitioner under Section 59(1) of the Act.

2. The learned 1st Additional Sessions Judge

































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