NIMAL Vs. ASSTT COLLECTOR

JUDGEMENT

(1.) Ambassador Car KLH 124, which belonged to the petitioner's deceased father, had been said after his death, by the petitioner, his mother and his brother, to one Franco. This Franco and four others were arrested by the Assistant Collector of Central Excise, Trichur on 26-1-1988 for having contravened the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, (Central Act 61 of 1985) (the Act far brevity). The car KLH 124 was seized. France, the purchaser of the car, was questioned by the Central Excise authorities and he falsely implicated the petitioner in the offence. Thereupon the petitioner moved for anticipatory bail; but was not successful. He now apprehends arrest, and further proceedings, under the Act.

(2.) According to the petitioner, the Act has not come into force, so that any proceedings in enforcement thereof are misconceived and illegal. He has therefore filed this Original Petition seeking direction! by way of writ of mandamus to the respondents, not to proceed with the investigation against him, under the Act.

(3.) The petitioner's contention is that the Act is not in force. This is despite the fact that the Central Government has issued a notification dated November 14, 198S in exercise of the powers conferred on it by sub-s. (3) of S.1 of the Act appointing November 14, 1983 as the date on which the said Act shall come into farce in the whole of India. The sub-section reads as under: