UMRAWATI DEVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Diary of Crime No. 1046/2000 of Police Station Chhaoni Distt. Durg, for the offence punishable u/s 20-B of NDPS Act, perused. 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saved, and as in accordance with section 82 which deals with repeals and savings, M.P. Excise Act 1915 has not been repealed, the field relating to Ganja would still be covered by the provisions of Excise Act 1915 and the provisions of NDPS.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 section 8, 20 and 37 would not be applicable. According to him, as the provisions of NDPS Act, are not applicable, the bar contained in Section 37 would also not apply.

(2.) Ms. Singhai, learned counsel for the State has opposed the application. Undisputedly, before, enforcement of NDPS Act 1985, different laws were covering different fields relating td Narcotic Drugs and Psychotropic Substances. The Opium Act, 1857, the Opium Act, 1878, the Dangerous Drugs Act, 1930 and the M.P. Excise Act, 1915 were dealing with the possession and offences relating to Narcotic Drugs and Psychotropic Substances. Section 81, on which very strong reliance has been placed by the learned counsel for the applicant reads as under - 81. Saving of State and special laws -Nothing in this Act or in the rules made thereunder shall affect the validity of any Provincial Act or an Act of any State Legislature for the time being in force, or of any rule made thereunder which imposes any restriction or provides for a punishment not imposed by or provided for under this act or imposes a restriction or provides for a punishment greater in degree than a corresponding restriction imposed by or a corresponding punishment provided for by or under this Act for the cultivation of cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within India.

(3.) Section 82 which deals with repeals and savings reads as under -