UMRAWATI DEVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard . Diary of Crime No. 1046/2000 of Police Station Chhaoni Distt. Durg, for the offence punishable under Section 20B of NDPS Act, perused.

(2.) Learned counsel for the applicant without making any reference to the merits of the matter submits that as possession of Ganja has been considered to be an offence under the provisions of M.P. Excise Act, 1915 and as in view of Section 81 of NDPS Act, 1985, the provisions of the said Act have been saved, and as in accordance with Section 82 which deals with repeals and savings, M.P. Excise Act, 1915 has not been repealed, the field relating to Ganja would still be covered by the provisions of Excise Act, 1915 and the provisions of NDPS Act, especially Sections 8, 20 and 37 would not be applicable. According to him, as the provisions of NDPS Act, are applicable, the bar contained in Section 37 would also not apply.

(3.) Ms. Singhai, learned counsel for the State has opposed the application.