SOMAN PILLAI Vs. STATE

JUDGEMENT

(1.) These appeals have been referred to a Division Bench by a learned single Judge for deciding the question as to whether trial conducted by the Sessions Court for offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, for short "NDPS Act", is illegal in view of the order of commitment passed by the Magistrate under Section 193 of the Code of Criminal Procedure, for short "the Code".

(2.) In Criminal Appeal 678/1993, police initiated proceedings under the NDPS Act against the accused on the allegation that he was found to have cultivated and maintained 100 ganja plants in the land belonging to and possessed by him at Mukkudil kara in Senapathy Panchayat. The cultivation was detected by the Sub-Inspector of Police, Santhanpara while he was on law and order patrol duty on 25-9-1990. Accused was taken into custody on 26-9-1990 when he surrendered before PW-4, the Circle Inspector of Police, Munnar. He was produced before the Judicial First Class Magistrate's Court, Nedumkandom on the same day. Learned Magistrate remanded him to custody till 10-10-1990. He moved the Sessions Court for bail. Learned Sessions Judge released him on 1-10-1990. PW-9 completed investigation and filed final report on 13-11-1990. It was taken on file by the learned Magistrate as C. P. 66/1990. Magistrate by order dated 24-6-1991 committed the case to the Court of Session. Learned Sessions Judge framed charges for offence under Section 20(a)(i) of the NDPS Act on 13-11-1992. After trial, learned Sessions Judge found accused guilty of the said offence and convicted him thereunder. Thereupon he was sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 25,000/- with a default clause to suffer rigorous imprisonment for six months.

(3.) In Crl. Appeal 130/1993 the facts are as follows : On 10-12-1989 at about 4.00 A.M., the Superintendent of Police, Wynad, conducted raid in a plot comprised in Survey No. 250/1A of Kottappadi Village and found 4,800 ganja plants being cultivated in about 21/2 acres of land. The four accused were found sleeping in a shed in that property. Sample ganja plant was taken and the remaining were destroyed. Crime 218/1989 of Mappady Police Station was registered at 5.00 P. M. on 10-12-1989. Accused were produced before the Chief Judicial Magistrate, Wynad on 11-12-1989. Learned Magistrate directed accused to be produced on 12-12-1989, on which day he remanded accused to custody. Period of remand was being periodically extended by the learned Magistrate. While so, on 30-1-1990 learned Sessions Judge released them on bail. After completing the investigation, police filed the charge-sheet on 16-3-1991 for offences under Sections 20(a)(i) and 25 of the N.D.P.S. Act. Learned Magistrate entertained the final report as C.P. 3/1991. By order dated 10-4-1991, learned Magistrate committed the case to the Sessions Court. Learned Sessions Judge framed charges for offences under Section 8(b) read with Secs. 20(a) and 25 of the NDPS Act. After trial, the learned Sessions Judge convicted all the accused for the offence under Section 20(b)(i) of the NDPS Act. First accused was further convicted under Section 25 of the Act as well. Thereupon all the accused were sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 25,000/- with a default clause to suffer rigorous imprisonment for a period of one year for the offence under Section 20(b)(i) of the Act. First accused was further sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 1,00,000/- with a default clause to suffer rigorous imprisonment for a period of two years under Section 25 of the Act. Sentences were directed to run concurrently.