KALYAN MAL SHARMA Vs. SPECIAL JUDGE

JUDGEMENT

(1.) THE present petition under Section 482, Cr. P. C. is directed against the impugned remarks in the judgment dated 4. 11. 2004 passed by the Special Judge, N. D. P. S. Cases, Jodhpur in Sessions Case No. 38/2004.

(2.) THE petitioner, then Deputy Inspector General of Police, Jodhpur Range, Jodhpur, has impugned the judgment dated 4. 11. 2004 with the prayer to expunge the Court remarks/observation, to the extent, they relate to the petitioner in respect of investigation lapses on the ground that neither the investigation was conducted under the supervision of the petitioner nor petitioner was called upon at the trial for recording his statement by the prosecution.

(3.) THE learned Public Prosecutor passively supported the judgment impugned and submitted that being a superior authority it was the duty of the petitioner to exercise power under Section 41 of the N. D. P. S. Act as observed by the learned trial Judge even though his post had not been notified for delegation of powers under the notification issued for the purpose by the State Government.