STATE OF KERALA Vs. K M JOSEPH

JUDGEMENT

(1.) THIS appeal is preferred by the Superintendent of Central excise and Customs, Headquarters Preventive Unit, Kochi against the order of acquittal of the respondents in a case charged for offences punishable under sections 20 (b) (ii), 28 and 29 of the Narcotic Drugs and Psychotropic Substances act, 1985 (for short "the Act" ). THIS appeal is seen preferred by the senior Central Government Standing Counsel.

(2.) IT is not pointed out to me that Senior Central government Standing Counsel is appointed as a Public Prosecutor by the Central government in terms of Section 24 of the Code of Criminal Procedure. The memorandum of appeal discloses that it is filed in terms of Sub-section (3) of section 378 of the Code of Criminal Procedure. Even then, the Central agency investigating a case for an offence under the Central Act has to empower the public Prosecutor to present an appeal. Therefore, this appeal against the order of acquittal itself is without authority.

(3.) PW. 5 is the other witness. According to him, he had been present throughout. When the officers came to the hotel room, the accused persons attempted to confront the officers , one among them took a tube light and attempted to attack the officers. Thereupon he fired a round and the other officers overpowered the first accused. The said witness disclosed as follows: (On hearing the firing, the other officers came there. Altogether there were 5 or 8 persons. Thereafter, the first accused did not do anything. The officer who fired and the other officer jointly caught hold of the first accused and his hands were taken to back side. One among them unfolded the belt. It was made up of Khaki colour cloth and it had a width of about a foot.)