KUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these cases invoke S.482 of the Code of Criminal Procedure to quash the proceedings in C.C. Nos. 20/1988, 123/1987 and 10/1988 respectively on the file of the Judicial First Class Magistrate's Court Adimali. The Magistrate has taken cognizance of an offence punishable under S.20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act 61 of 1985) (hereinafter referred to as Act) against each of these petitioners on the basis of the final report submitted by the police after investigation.

(2.) The charge-sheets submitted by the Investigating Officer in CC Nos. 20/1988 and 10/1988 show that the respective accused had in contravention of the provisions of the Act cultivated cannabis plant, thereby committing an offence punishable under S.20 of the Act. The charge sheet in C.C. No. 123/1987 discloses also an offence under S.55(c) of the Abkari Act (Act 1 of 1077).

(3.) These cases have been referred for decision by a Division Bench, as Sreedharan. J. doubted the correctness of the decision of a learned single Judge of this court in Crl. M. C. No. 944 of 1987. The learned single Judge had in the said case quashed the proceedings of the Magistrate initiated under the Act for the reason that in the absence of a notification under S.8 of the Act, there is no offence in cultivating cannabis plant. The learned single Judge assumes that Cultivation of cannabis plant is only for the purpose of production of ganja and in the absence of the notification referred to in the proviso to S.8, the prohibition against the cultivation of cannabis plant does not take effect. S.20 of the Act reads :