STATE OF KERALA Vs. THOMAS

JUDGEMENT

(1.) APPEAL is against acquittal. State is the appellant.

(2.) RESPONDENT was charged by Excise Inspector, mananthavady for offence punishable under section 55 (a) of the Kerala Abkari act. He is alleged to have possessed one kilogram of ganja which was detected by the Preventive Officer and party on 9-2-1987. On analysis the article was found to be ganja. The Magistrate's Court found the accused guilty, convict him and sentenced him to undergo imprisonment for a period of six months and to pay a fine of Rs. 1000/- and in default to undergo simple imprisonment for another period of one month. On appeal Sessions Judge, Waynad set aside the conviction and sentence and acquitted the accused. Hence this appeal after obtaining special leave.

(3.) CHALLENGING the order of acquittal learned Public prosecutor contended that the Kerala Abkari Act has not been repealed by the ndps Act and the Magistrate could have therefore tried the accused for the offence under section 55 (a) of the Abkari Act. Attention is drawn to Section 81 of the NDPS Act which reads: "saving of State and special laws-Nothing in this act or in the rules made there under 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 there under 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. "