ABDULLA KOYA Vs. STATE OF KERALA

JUDGEMENT

(1.) TWO questions of general importance arise for consideration: (1) What is the effect of a special law vis a vis the Code of Criminal Procedure and the Indian Penal Code; and (2) Whether compliance with the procedure under S.50 of the N.D.P.S. Act is necessary in the case of a seizure of a narcotic drug of psychotropic substance in a public place, as provided under S.43 of the N.D.P.S. Act.

(2.) THE appellant who was the accused in S.C. No. 192 of 1995 on the files of the Second Additional Sessions Court, Kozhikode, was convicted under S.20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act') and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 25,000/- and in default to undergo rigorous imprisonment for another one year. He was allowed set off under S.428 of the Code of Criminal Procedure.

(3.) THE Sessions Court, on the basis of the evidence adduced by the prosecution, entered a finding that the accused was guilty of the offence punishable under S.20(b)(i) of the N.D.P.S. Act. At Para.12 of the judgment, the learned Sessions Judge held that since the seizure fell under S.43 of the N.D.P.S. Act (the seizure and arrest in public places), "the provisions of S.50 cannot be said to be mandatory in the case of such seizure".