(1.) Leave to appeal is granted.
(2.) This appeal is directed against the order dated June 4, 1998 passed by the High Court of Kerala at Ernakulam dismissing Cri. M.C. No. 2417 of 1996 which was filed by the appellant praying the Court to quash proceedings in Sessions Case No. 78 of 1993 on the file of Additional Sessions Judge, Thodupuzha.
(3.) The appellant was searched by the Excise Inspector, Devikulam. On the allegation of recovering 'Ganja' from his possession the appellant was taken into custody on November 21, 1990. Under Section 20(b)(i) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the NDPS Act') a charge was laid against him by the Excise Inspector on February 20, 1991, whereas the statutory notification under which he became competent so to do was issued by the Government of Kerala in G.O. (MS) No. 168/92/ TD authorising officers of and above the rank of Excise Inspectors of the Excise Department to file complaints under Section 36-A(1)(d) of the NDPS Act, on October 20, 1992. On the ground that the Excise Inspector was not authorised to file the charge-sheet against the appellant and, therefore, the complaint was not maintainable, the appellant was discharged under Section 227 of Code of Criminal Procedure by the learned Additional Sessions Judge, Thodupuzha on February 22, 1993. The said Excise Inspector, Devikulam, however, filed a fresh charge- sheet against the appellant in Crime No. 56 of 1990 for the very same offence on May 17, 1993. The case was committed to the Court of the Additional Sessions Judge, Thodupuzha, and was numbered as Sessions Case No. 78 of 1993. The appellant filed Cri. M. C. No. 2417 of 1996 before the High Court of Kerala praying that the entire proceedings in Sessions Case No. 78 of 1993 on the file of Additional Sessions Judge, Thodupuzha be quashed. By the order under challenge the High Court dismissed the petition. Hence this appeal.